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    <title>2016 (5) TMI 1630 - ITAT AHMEDABAD</title>
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    <description>Penalty under section 271(1)(c) was considered unsustainable where the underlying quantum additions had already been deleted, because once the additions ceased to exist the basis for the penalty also disappeared. The same penalty could not be sustained on the deferred tax provision under section 115JB, as the claim was made on the basis of the law in force at the time of filing and the adverse adjustment arose only because of a later retrospective amendment. The penalty order was therefore deleted on all surviving grounds.</description>
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      <link>https://www.taxtmi.com/caselaws?id=462797</link>
      <description>Penalty under section 271(1)(c) was considered unsustainable where the underlying quantum additions had already been deleted, because once the additions ceased to exist the basis for the penalty also disappeared. The same penalty could not be sustained on the deferred tax provision under section 115JB, as the claim was made on the basis of the law in force at the time of filing and the adverse adjustment arose only because of a later retrospective amendment. The penalty order was therefore deleted on all surviving grounds.</description>
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