Itxa/3018/2010 Of The Commissioner Of Income Tax - 5 Mumbai v. Piramyd Retail And Merchandising Pvt. Ltd

* 1 *ITXA.3018.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 3018 OF 2010 Commissioner of Income Tax-5V/S. M/s. Piramyd Retail & MerchandisingPvt. Ltd ...Appellant ....Respondent Mr. Suresh Kumar, Advocate for the appellant. None for the respondent. CORAM :- J.P. DEVADHAR, & SMT. R.P. SONDURBALDOTA, JJ. 23[rd] June, 2011. P.C. :- 1. Heard. 2. Whether the ITAT was justified in deleting the penalty levied under Section 271(1)(c) of the Income Tax Act, 1961, is the question raised in this Appeal. 3. The ITAT in paragraph-5 of its judgment has recorded a finding of fact that in the present case, the dispute was relating to allowability of the expenses claimed by the assessee in the return of income. The Tribunal after a detailed discussion has held that the issue as to whether the expenses incurred by the assessee are revenue or capital, is a debatable issue and on the facts of the present case, it cannot be said that the assessee has furnished either inaccurate particulars or concealed information. In this view of the matter, the decision of the Tribunal is based on the findings of facts. No question of law arises. The Appeal is dismissed. [SMT. R.P. SONDURBALDOTA, J][J.P. DEVADHAR, J]