In Itxa/5470/2010 Of The Commissioner Of Income Tax -10 Mumbai v. Lcl Logistics Pvt Ltd, the High Court (2009) dismissed the appeal. The decision went in favour of the assessee.
Decision: 3.Appeal is dismissed in limine with no order as to costs.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL (LDG.) NO. 1765 OF 2009
The Commissioner of Income-tax-,
... Appellant.
V/s.
M/s.LCL Logistics Pvt.Ltd.
... Respondent.
Ms.Padma Divakar for the appellant.
P.C. :
Heard. Office objections are over-ruled. Appeal is taken
up for hearing at the request of the appellant.
2.The question sought to be raised in this appeal relates to deletion of penalty under section 271(1)(c) of the Income Tax Act. The Tribunal after appreciating the evidence before it recorded finding of fact that withdrawal of claim of brokerage was under bonafide belief. If that be so, no fault can be found with the said finding. The appeal is without any substance.
3.Appeal is dismissed in limine with no order as to costs.
(J.P.DEVADHAR, J.)
(V.C.DAGA J.)
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