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1986 (4) TMI 107 - ITAT DELHI-AExtract: .......y penalty and in July, 1980 the return was filed also. Thus we confirm the penalty but take the delay of 13 months. The ld. AAC in our view was not justified to cancel the penalty order altogether and at the same time the ld. ITO was also not justified to impose the penalty for 35 months. 10. In the result the appeal is allowed to the above extent.
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