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2000 (9) TMI 10

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..... tioner has prayed for directing the Income-tax Appellate Tribunal, Amritsar Bench, Amritsar (for short, "the Tribunal"), to refer the following question of law for the opinion of this court: "Whether, on the facts and in the circumstances of the case, the Income tax Appellate Tribunal was right in law in confirming the order of the Commissioner of Income-tax (Appeals) deleting the penalty levied .....

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..... ncealment on the part of the assessee. The Tribunal has upheld the appellate order with the following observations: "After considering all the submissions, we are in agreement with the submissions of learned counsel for the assessee which has rightly been appreciated by the learned Commissioner of Income-tax (Appeals) who has reproduced the ratio of the jurisdictional High Court in para. 5 of hi .....

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..... pso facto and the Commissioner of Income-tax (Appeals) in view of the decision of the High Court's dictum rightly decided the appeal in favour of the assessee and we do not find any force in the appeals of the Revenue and the same are dismissed." After hearing learned counsel for the Revenue and perusing the record, we are satisfied that the view taken by the Commissioner of Income-tax (Appeals) .....

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