Itxa/1094/2011 Of The Commissioner Of Income Tax -1 v. Galvi Engineering Pvt. L Td

vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1094 OF 2011 The Commissioner of Income Tax – I MumbaiV/s.Galvi Engineering Pvt. Ltd. ....Appellant ....Respondent Mr.Vimal Gupta for the Appellant. CORAM : S.J. VAZIFDAR AND M.S. SANKLECHA, JJ. DATE : 25TH JUNE, 2012. P.C. :- 1.The following question is sought to be raised as substantial question of law :- A.Whether on the facts and in the circumstances of the case and in law, the Tribunal was justified in confirming the order of the CIT (A), in which the penalty u/s 271(1)(c) was deleted, although the assessee has not furnished accurate particulars in his return of income ? 2.The Income Tax Appellate Tribunal (ITAT) has by the impugned order upheld the order of the CIT, deleting the penalty imposed on the respondent on the ground that the assessee has furnished the information with return of income in respect of the claim itxa1094-11 for deduction under section 10B of the Act and had not concealed any particulars of income. The Tribunal has confirmed this finding of fact. The Tribunal has further observed that although the issue as to the entitlement of deduction is debatable, there was no concealment of any facts by the respondent. The Tribunal also held that it cannot be alleged beyond doubt that the information furnished by the respondent was inaccurate. 3.These are pure questions of fact. No question of law arises. The appeal is accordingly dismissed. (M.S. SANKLECHA, J.) (S.J. VAZIFDAR, J.)