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In the result, the appeal of the assessee is allowed
Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha
u/s 271(1)(c) of the Act. 8. In response, Ld. DR placed reliance on the observations made by CIT(Appeals) in the appellate order. 9. We have heard the rival contentions and perused the material on record. 10. The issue before us is with respect to the levy of penalty under section 271