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1971 (11) TMI 29 - KARNATAKA HIGH COURTMysore Agricultural Income Tax Act - failure to file Return - best judgment assessment - assessee does not file his return and does not avail of the opportunity to be heard - assessee had not raised any objection to the proposition notice, assessment was valid – held that, during pendency of application for cancellation of assessment, penalty for non-payment of tax could not be levied - order of penalty is invalid
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