2011 (10) TMI 745

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.... ORAL ORDER   Ms. Sonia Gokani In the present Tax Appeal, revenue has challenged the order of the Income Tax Appellate Tribunal, Rajkot Bench, Rajkot ["Tribunal" for short] dated 26th August 2010, proposing following substantial questions of law for the determination of this Court :­ [A] "Whether in the circumstances and the facts of the case and in law, the Appellate Trib....

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.... from the record that the Tribunal upheld the order of CIT [A] which in terms held that there was no ground for levying the penalty as is done by the Assessing Officer. The Tribunal also was of the opinion that only if there is a wrong claim, or excess claim for deduction is made which is not found sustainable by the authority, that cannot furnish the sole reason for imposing penalty. Here also, t....