Itxa/6311/2010 Of The Commissioner Of Income Tax- 8 Mumbai v. Technocraft Industries Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION The Commissioner of Income-tax-, ... Appellant. M/s.Technocraft Industries Ltd.... Respondent. Suresh Kumar for the appellant. P.Toprani for the respondent. P.C. : Heard. Office objections are over-ruled. Appeal is taken up for hearing by consent of parties. 2.The question sought to be raised in this appeal relates to penalty under section 271(1)(c) of the Income Tax Act. While dealing with the said question the Tribunal has recorded finding that the assessee has disclosed full particulars and made a claim as per the professional advice received by it on the interpretation and application of section 145A of the Act. All facts were clearly stated and a conscious claim was made. Considering the aforesaid finding, we are of the view that the Tribunal was perfectly justified in canceling the penalty levied on the item of addition. In this view of the matter, we see no substantial question of law involved in this appeal. Appeal is, therefore, dismissed in limine with no order as to costs.