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In the result, the appeals of the assessee are allowed
Bench: Shri B. R. Baskaran & Shri Sandeep Gosain
7. We may record that during the course of hearing the learned counsel for the appellant has tendered the copy of notice issued to the assessee under Section 271(1)(c) of the Act dated 15.12.2008 for imposition of penalty, which as per the learned counsel for appellant was a part of record in the proceedings before the Tribunal. Learned