Itxa/523/2006 Of The Commissioner Of Income Tax City-Ii, Kolhapur v. Shri. Vasantrao Chougule Nagari Sahakari Pat Sanstha Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONINCOME TAX APPEAL NO.523 OF 2006The Commissioner of Income Tax City II. ..Appellant.Vs.Shri. Vasantrao Chougule NagariSahakari Pat Sanstha Ltd... Respondent.Mr. Vimal Gupta for the Appellant.Mr.S.N.Inamdar with Mr.A.K. Jasani for the Respondent.CORAM : F.I. REBELLO & R.S. MOHITE, JJ.DATED : 12TH JANUARY, 2009.PC :1. We have perused the order of the learned tribunalfrom which the present appeal has been filed. Thelearned Tribunal after considering the contentionsargued on behalf of the appellant was pleased to holdthat there was reasonable cause for failure to complywith the provisions of Section-269SS and 269T within themeaning of Section 273B and accordingly confirmed the order of the CIT(A) cancelling the penalties levied u/s. 271D and 271E of the Act. 2. Having heard the learned counsel, we are clearly ofthe opinion that the conclusion arrived at by thelearned tribunal cannot be said to be unreasonable,considering the contentions advanced before it and thematerial on record. Once that being the case, the question of law as framed would not arise and consequently appeal dismissed. ( R.S. MOHITE, J.)