Itxa/1062/2012 Of The Commissioner Of Income-Tax- Ii v. Nav Nirman Developers

kps IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1062 OF 2012WITHINCOME TAX APPEAL NO.1070 OF 2012WITHINCOME TAX APPEAL NO.1071 OF 2012 The Commissioner of Income Tax.-Versus-Nav Nirman Developers. ..Appellant ..Respondent ........... Mr.N.N.Singh, for the Appellant.Mr.Mihir Naniwadekar, for the Respondent. ........... CORAM: S.C. DHARMADHIKARIAND A.K. MENON, JJ. DATE :- 26[th] September, 2014 P.C.: 1Having heard Mr.N.N.Singh, learned counsel appearing for the Revenue, in support of these Appeals which challenge the deletion of penalty and concurrently, we find that the ingredients of Section 271(1)(c) of the Income Tax Act, 1961 together with the relevant explanation thereto are held to be not satisfied in this case. All the more because the Tribunal deleted the additions. Our attention has been invited to the fact that the Appeals challenging the orders of the Tribunal on the quantum have been admitted by this Court. However, on the repeated queries to Mr.Singh as to how that would enable us to entertain these Appeals, the argument is that if the Revenue succeeds, then, that would substantiate the plea that there is concealment of particulars of income or furnishing of inaccurate particulars of such income and thereafter, the explanation would come into play. We are afraid that we cannot reach such conclusion in the given facts and circumstances. We find that in the present case the Tribunal and the Commissioner of Income Tax (Appeals) have categorically held that the additions were not justified. They were not permissible in law either. In these circumstances we find that the present Appeals do not raise any substantial question of law. The Appeals are devoid of any merits and are, therefore, dismissed. No costs. (A.K. MENON, J.) (S.C. DHARMADHIKARI, J.)