Commissioner Of Income Tax v. Nitin R.mehta

bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L)NO.2467 OF 2009 Commissioner of Income Tax Vs.Nitin R.Mehta ..Appellant ..Respondent Mr.A.S.Shivsharan for appellant. CORAM :- V.C.DAGA &J.P.DEVADHAR,JJ. 10[th] NOVEMBER,2009 DATE : P.C. Heard. Perused appeal. The issue sought to be raised in the appeal revolves around deletion of penalty under Section 271(1)(c) of the Income Tax Act. The Tribunal has appreciated the facts and circumstances and recorded finding of fact that if the explanation furnished by the assessee found not false or incorrent, then the penalty could not have been levied. The view taken by the Tribunal is a reasonable and possible view. No perversity could be demonstrated by the learned Counsel appearing on behalf of the Revenue. No case is made out for entertaining the appeal. 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.)