Itxa/5197/2010 Of The Commissioner Of Income Tax 18 Mumbai v. Mala Bajaj

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.5197 OF 2010 The Commissioner of Income Tax ..Appellant. V/s. Smt. Mala Bajaj..Respondent. Mr. Suresh Kumar for the appellant. Ms. Aasifa Khan for the respondent. CORAM : J.P. DEVADHAR AND SMT. R.P.SONDURBALDOTA JJ.DATED : 14TH JUNE, 2011 P.C. :- 1.The only question raised in this appeal is, whether the ITAT was right in deleting penalty imposed under section 271(1)(c) of the Income Tax, 1961. The finding of fact recorded by the Tribunal in para No.18 of its Judgment is that at the time of assessment the assessee had disclosed all the material facts relevant for assessment. The Tribunal has further recorded that the calculation of capital gains and the value of the land has been subject matter of litigation between the assessee and the department and the figure of market value of the land has changed with every stage of litigation. Thus, it is a case honest difference of opinion between the assessee and the department. In our opinion, the discretion exercised by the Tribunal is just and proper. No question of law arises from the order of the Tribunal. Accordingly, the appeal is dismissed with no order as to costs. (SMT. R.P.SONDURBALDOTA, J.) (J.P. DEVADHAR, J.)