International Taxation v. M/S. Dhl Operations Bv, Netherland

IN THE HIGH COURT OF JDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO. 2320 OF 2010 The Director of Income-Tax (International Taxation)...Appellant. Vs. M/s. DHL Operations BV, Netherland...Respondent. Mr. Suresh Kumar for the Appellant.Mr. B.G. Yewale for Respondent. CORAM : J.P. DEVADHAR AND A.A. SAYED, JJ. DATE : 6TH JULY, 2011. P.C. Whether the Income Tax Appellate Tribunal was justified in deleting the penalty levied under Section 271(1)(c) of the Income Tax Act, 1961 is the question raised in this appeal. 2.The Income Tax Appellate Tribunal in para 7 of the judgment has recorded a finding of fact that the assessee in its return of income had furnished full particulars and that the issue being debatable the matter was referred to the Special Bench. The Tribunal relying upon the judgment of the Apex Court in the case of CIT vs.Reliance Petroproducts Ltd.,reported in 189 Taxman 322 (SC) has held that the claim made by the assessee was under a bonafide belief that the claim was allowable and therefore penalty under Section 271(1)(c) was not justified. 3.In view of the finding of fact recorded by the Tribunal we see no merit in the appeal. Accordingly the appeal is dismissed. No order as to costs. ( A.A. SAYED, J. ) (J.P. DEVADHAR, J.)