Itxa/2043/2009 Of The Commissioner Of Income Tax -8 Mumbai v. M/S. Ramnath International Constructions Pvt Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 2043 OF 2009 The Commissioner of Income-tax.... Appellant.V/s.M/s.Ramnath International Constructions Pvt.Ltd.... Respondent. ... Respondent. Suresh Kumar for the appellant. N.Thakkar i/b. Vigil Juris for the respondent. P.C. : CORAM :V.C.DAGA AND J.P.DEVADHAR, JJ.rdDATED : 3 November 2009. Heard learned counsel for the parties. Perused appeal as well as impugned order. 2.So far as first question is concerned, it revolves around the imposition of penalty under section 271(1)(c) of the Income Tax Act. Both the authorities below have concurrently held that there was no concealment on the part of the assessee. The assessee had disclosed method of accounting as well as all material facts and particulars. In the circumstances, Tribunal was justified in deleting the penalty. This question, therefore, cannot be said to be a substantial question of law. 3.So far as second question is concerned, the same being consequential question it needs no consideration since the appeal is being dismissed on first question. 4.In the result, appeal is dismissed for want of substantial question of law with no order as to costs. (J.P.DEVADHAR, J.) (V.C.DAGA J.)