2011 (6) TMI 784

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....the Respondent : Mr SN Divatia ORDER PER : MR. AKIL KURESHI, J 1. Revenue has filed this appeal challenging the judgment of the Tribunal dated 7.11.2008 raising following question for our consideration "Whether the Appellate Tribunal is right in law and on facts in confirming the order passed by the CIT(A) in cancelling the penalty amounting to ₹ 8,69,672/- levied by the Assessi....

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.... oder dated 9.3.2011, we were inclined to examine whether the Tribunal's observations that while deleting the penalty revised return was filed before the deduction or even before any notice of inquiry or statutory notice under Section 142 or 143 of the Act was issued, is correct or not. 5. From the record, we find that there was an excise search in the premises of the assessee company on 10.3....