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2015 (7) TMI 295

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....y in refiling) For the reasons mentioned in the application, the delay of 360 days in refiling the appeal is condoned. Disposed of. CM-3372-CII-2015 (for exemption) The application is allowed subject to all just exceptions. ITA-29-2015 This is an appeal against the order of the Income Tax Appellate Tribunal dated 20.05.2013 dismissing the appellant's appeal against the order of the CIT (Appe....

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....ded that merely because the quantum proceedings are decided against the assessee, penalty must follow irrespective of the facts and circumstances of the case. The CIT (Appeals) has in a detailed judgement considered the law and the facts. The Tribunal has agreed with the same. We see no reason to interfere with the exercise of discretion by the authorities. The exercise of discretion cannot be sai....