Commissioner Of Income Tax v. M/S.delta Trans Conductors Pvt. Ltd

bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.955 OF 2009 Commissioner of Income Tax Vs. ..Appellant M/s.Delta Trans Conductors Pvt. Ltd. ..Respondent Mr.Suresh Kumar a/w. Mr.P.S.Sahadevan for appellant. Mr.K.B.Bhujale for respondent. P.C. Heard. Perused appeal. CORAM :- V.C.DAGA &J.P.DEVADHAR,JJ. 1ST JULY, 2009 DATE : 2.The question sought to be raised in the appeal is considered by the Tribunal on merits and recorded the findings in favour of the assessee in the following words : Coming to the merits, even otherwise we find the issue is to go in assessee’s favour. Assessee furnished all the details and has not concealed any material facts. By the claim the assessee is not getting any direct benefit. In future assessee may get benefit of carry forward. Such a claim cannot be treated as a conscious concealment or furnishing of inaccurate particulars so as to bring within the scope of Section 271(1)(c). This is not a fit case to levy the penalty under Section 271(1)(c). 3.In the above view of the matter, no fault can be found with the view taken by the Tribunal. The appeal is, therefore, dismissed for want of substantial question of law with no order as to costs. (J.P.DEVADHAR,J.) (V.C.DAGA,J.)