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2011 (2) TMI 1425 - ITAT AHMEDABAD
Extract:
....... which addition on merit has already been deleted. Since the subject matter of the penalty itself has gone, we do not find any merit in the departmental appeal. The same is accordingly dismissed. 12. In the result, the departmental appeal is dismissed and the appeal of the assessee is partly allowed. Order pronounced in the open Court on 11-02-2011