In Itxa/731/2009 Of The Commissionser Of Income Tax -1 Mumbai v. Awaita Properties P Ltd, the High Court (2009) decided the matter.
Decision: Appeal is, therefore, 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
The Commissioner of Income-tax-
... Appellant.
M/s.Awaita Properties P.Ltd. ... Respondent.
P.C. :
Heard. Office objections are overruled. Registry to register the appeal. Appeal is taken up for hearing.
2.The question sought to be raised in this appeal relates to the penalty under section 271(1)(c) consequent to the assessee�s failure to offer the income under the correct head of income. The Tribunal considering the factual aspects came to the conclusion that there is no concealment on the part of the assessee. This finding of fact is based on the material available on record and correct appreciation thereof. In this view of the matter, we find no substantial question of law involved in this appeal. Appeal is, therefore, dismissed in limine with no order as to costs.
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