1981 (9) TMI 143

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..... .R. DIXIT, J.M.: In this case proceedings for levying penalty under s. 271(1)(a) were taken against the assessee. The ITO did not believe the explanation given by the assessee and levied a penalty .....

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..... d in respect of that affidavit. This is not denied by the respondent. In our view it was essential to allow the ITO an opportunity of being heard regarding the affidavit. We, therefore, restore this m .....

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