2012 (10) TMI 63

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....ppellate Tribunal, Patna Bench, Patna has referred following question of law:   "Whether on the facts and in the circumstances of the case and in law, the ITAT was right in deleting the penalty levied under Section 273(2)(c) based on a fresh document and because of the fact that sub-section under which penalty was levied was not correct sub- section." 2. It appears from the penalty orde....

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.... ITAT and against which the Tax Case No. 10 of 1999 has been sent to this Court in reference by the ITAT and said Tax Case No. 10 of 1999 has been dismissed by this Court (by us) today and the penalty on account of undisclosed income has been set aside after taking note of the stand of the assessee that one of the partners of the assessee declared undisclosed income because of the pressure of the ....