2009 (12) TMI 1062

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....DER PER V D RAO, JUDICIAL MEMBER This appeal is filed by the revenue against the order of the CIT (A) -XIX dated 31.12.2003 for the assessment year 1998-99. The only effective ground raised by the revenue reads as under : "On the facts and in the circumstances of the case and in law, the CIT (A) erred in deleting the penalty amount to Rs 36,76,918/- based on the AO's order dated 31.....

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....Assessing Officer vide his assessment order dated 31.01.2008, allowed the interest claim of Rs 1,39,33,952/- in favour of the assessee. The Learned CIT (A) deleted the penalty on the ground that the Assessing Officer has already allowed the claim of the assessee by order dated 31.01.2008. 4. We have heard both the sides, perused the records and gone through the orders of the authorities below. ....