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1997 (7) TMI 216 - AT - Income TaxExtract: ....... with the ultimate order given by the ld. Judicial Member, though for different reasons which I have set out above. I find that it is not a fit case where penalty can be levied. 11. Now the matter should go back to the Patna Bench of the Tribunal and the appeal should be disposed of according to the majority opinion under section 255(4) of the Act.
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