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2016 (7) TMI 56 - BOMBAY HIGH COURT

2016 (7) TMI 56 - BOMBAY HIGH COURT - TMI - Penalty levied u/s 271(1)(c) - excessive claim u/s 10A - Held that:- As in quantum proceedings, the respondent assessee had succeeded and the Tribunal by an order [2012 (6) TMI 622 - ITAT PUNE ] set aside the disallowance on account of partial denial of deduction under Section 10A of the Act while restoring it to the Assessing Officer for fresh consideration. - Also it is an admitted position between the parties that the appeals filed by the Revenu .....

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ted 8th May, 2013 passed by the Income Tax Appellate Tribunal (the Tribunal). This appeal relates to A.Y. 2002-03. 2. The Revenue has urged following question of law for our consideration : (i) Whether in the facts and circumstances of the case and in law, the Tribunal has erred in deleting the penalty levied u/s 271(1)(c) of the Income Tax Act, 1961 on excessive claim u/s 10A of the I.T. Act, 1961 when the Department has not accepted the decision of the Tribunal of setting aside of the case to .....

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