Itxa/1190/2009 Of The Commissioner Of Income-Tax-12,Mum v. M/S Ambika Enterprises

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1187 OF 2009ANDINCOME TAX APPEAL NO.1190 OF 2009 The Commissioner of Income Tax ..Appellant. V/s. M/s. Ambica Enterprises..Respondent. Mr. P.S. Sahadevan for appellant. Mr. Sanjiv M. Shah for respondent. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 4TH AUGUST, 2009. P.C. :- 1.Heard learned counsel for the revenue and learned counsel appearing for the respondent. Perused the impugned order. The Tribunal has recorded categorical finding that the conditional offer of the assessee was accepted by the revenue. There may be number of valid reasons for making a surrender of income at the time of survey and penalty u/s. 27(1)(c) cannot be imposed merely on the basis of conditional surrender made by the accused and where there is no material brought on record to prove that the assessee has concealed his income. The view taken by the Tribunal is a reasonable and possible view and no fault can be found with the same. In this view of the matter, no substantial question of law arise in the above appeals. The appeals are, therefore, dismissed in limini with no order as to costs. (J.P.DEVADHAR,J.) (V.C.DAGA, J.)