In Itxa/1141/2009 Of The Commissioner Of Income Tax -8, Mumbai v. M/S. Digiwave Infrastructure Anmd Services P Ltd, the High Court (2009) decided the matter.
Decision: Appeal is dismissed in limine with no order as to costs.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONINCOME TAX APPEAL (LDG.) NO. 1141 OF 2009
The Commissioner of Income-tax-,
... Appellant.
V/s.
M/s.Digiwave Infrastructure & Services P. Ltd.
... Respondent.
Suresh Kumar for the appellant.
P.C. :
Heard learned counsel for the appellant.
2.The question sought to be raised in this appeal relates to deletion of penalty under section 271(1) of the Income Tax Act. The Tribunal has accepted the explanation given by the assessee as bonafide and held that the assessee has neither concealed any income nor furnished any inaccurate particulars. The Tribunal upheld the order of the C.I.T.(A) and dismissed the appeal. Considering the concurrent findings of fact, we do not find any reason to interfere with the impugned order. The view taken is a reasonable and possible view. Appeal is dismissed in limine with no order as to costs.
(J.P.DEVADHAR, J.)
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