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2001 (9) TMI 70

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..... This appeal has been preferred, at the instance of the Revenue, under section 260A of the Income-tax Act, 1961 (for short 'the Act"), against the order dated April 17, 2001, passed by the Income-tax Appellate Tribunal, whereby the appeal preferred by the assessee against the order passed by the Commissioner of Income-tax exercising powers under section 263 of the Act, has been allowed. Ini....

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.... make proper enquiry, which he should have made for determining the correct total income of the assessee and also for not imposing penalty under section 271(1)(c) of the Act. Consequently and in the result the Commissioner of Income-tax issued a notice to the assessee under section 263 of the Act. After obtaining the comments of the assessee, the Commissioner of Income-tax set aside the assessment....