Itxa/1104/2011 Of The Commissioner Of Income Tax-16, Mumbai v. Harakchand Hukmichand Family Trust, Mumbai

sas IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1104 OF 2011 The Commissioner of Income Tax-16 ..Appellant. V/s. Harakchand Hukchichand Family TrustMr. A.S. Shivsharan for the appellant. ..Respondent. Mr. S.P. Mehta for the respondent. CORAM : J.P. DEVADHAR AND SMT. R.P.SONDURBALDOTA JJ.DATED : 16TH JUNE, 2011 P.C. :- 1.Whether the Tribunal was justified in deleting the penalty levied u/s. 271(1)(c) of the Income Tax Act, 1961, is the question raised in this appeal. 2.In the present case, the Tribunal relying on judgments of various High Courts held that the penalty under section 271(1)(c) of the Income Tax Act cannot be sustained when the quantum addition is made on estimate basis. In our opinion, the decision of the Tribunal is based on discretion which is reasonable. No question of law arises out of the order of the Tribunal. Hence the appeal is dismissed with no order as to costs. (SMT. R.P.SONDURBALDOTA, J.) (J.P. DEVADHAR, J.)