The Commissioner Of Income Tax (Central)-Ii v. Mr.siddarth Mulchandani

bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 2664 OF 2011 The Commissioner of Income Tax (Central)-II … Appellant v/s Mr.Siddarth Mulchandani … Respondent Mr.A.R. Malhotra with Mr.N.A. Kazi for the appellant. CORAM: S.C. DHARMADHIKARI & G.S. KULKARNI, JJ. DATED : 7TH MAY, 2014 P. C. : 1Having heard Mr.Malhotra, the learned counsel appearing on behalf of the revenue and perusing with his assistance the order passed by the Income Tax Appellate Tribunal, on 29[th] April, 2011 deleting the penalty levied under Section 271(1)(c ) of the Income Tax Act, 1961, we are of the opinion that the appeal does not raise any substantial question of law. The deletion of penalty was justified and considering the facts and circumstances peculiar to the assessee. Not only the return was scrutinized but it was found that the entire tax was already paid in the form of T.D.S. The assessee claimed refund. The Assessing Officer accepted the claim and refunded the amount to the assessee. We do not find, therefore, any justification for the Assessing Officer to conclude that the assessee concealed the particulars of income or furnished the inaccurate particulars. In these circumstances, the appeal does not raise any substantial question of law. It is accordingly dismissed. (G.S. KULKARNI, J.) (S.C.DHARMADHIKARI, J.)