The Commissioner Of Income Tax -9, Mumbai v. M.s. Paramount Apparels Pvt. Ltd

SRK IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONINCOME TAX APPEAL NO.778 OF 2012 The Commissioner of Income tax -9, Mumbai V/SM.s. Paramount Apparels Pvt. Ltd. .. Appellant .. Respondent Mr. Tejveer Singh for the revenue. Mr. P.C. Tripathi i/by Mr. A.K. Jasani for the respondent. CORAM : S.C. DHARMADHIKARI, J.AND A.K. MENON, J. P.C. DATED : 8[th] October, 2014 This appeal challenges the order passed by the Tribunal in Income tax Appeal No.2539/Mum/2011 for the assessment year 2004-05. By the impugned order dated 31st January, 2012, the Tribunal upheld the deletion of penalty. In deleting the penalty levied by the Assessing Officer, the Commissioner of Income tax (Appeals), Mumbai and the Tribunal held that merely because the assessee’s claim is rejected by the Assessing Officer does not mean that a penalty has to be levied. 2.In such circumstances, the Tribunal’s order does not raise any substantial question of law. The Tribunal has found that the assessee has not concealed the income or filed inaccurate particulars pertaining thereto. 3.For all these reasons, the appeal fails. It is accordingly dismissed. (A.K. Menon, J.) (S.C. Dharmadhikari, J. )