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2011 (3) TMI 1849

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....M.R. Bhatt, Sr. Adv. with Mrs. Mauna M. Bhatt For the Opponent Mr. D.K. Puj. ORAL ORDER PER : HONOURABLE MR. JUSTICE AKIL KURESHI 1. These Tax Appeals arise out of the common judgment dated 31.7.2008 passed by the Income-Tax Appellate Tribunal. 2. Issue pertains to penalty under Section 13 of the Interest Tax Act, 1974. Respondent assessee was admittedly required to file a return an....

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.... Tax Act, also did not bring to the notice of the assessee, requirement of filing return under the Interest Tax Act and, that therefore, the penalty should not be levied, may not be entirely palatable. We are, however, of the view that in the present case, even otherwise, order of deletion of penalty can be supported and justified. Section 13 of the Interest Tax Act (repealed since the year 2001) ....