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2008 (10) TMI 273 - AT - Income TaxExtract: .......se sight of the purpose for which the legal fiction was introduced. 22. In view of the facts and circumstances of the case and the legal position discussed in the above paras, we are of the opinion that the order of the CIT(A) cannot be sustained. The penalty is, accordingly, cancelled. 23. In the result the appeal filed by the assessee is allowed.
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