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In the result, the appeal of the assessee is allowed
Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee
u/s 271(1)(c) of the Income Tax Act, 1961. 2. At the time of hearing, the ld. counsel for the assessee has raised the additional ground of appeal under Rule 11 of the ITAT Rules as under: “viii. That on the facts and under the circumstance of the case the penalty levied under Section