In The Commissioner Of Income Tax v. Jagdish Prasad Khandelwal, the High Court (2009) decided the matter.
Decision: The appeal is therefore dismissed.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO.586 OF 2009
The Commissioner of Income Tax..Appellant.
Versus
Jagdish Prasad Khandelwal..Respondent.
Mr.D.K. Kamwal for the appellant.Mr.Atul K. Jasani for the respondent.
P.C. :
1.Heard learned counsel for the revenue and the learned counsel for the respondent.
2.The question sought to be raised with respect to deletion of penalty under Section 271 C is concerned, it revolves around the factual appreciation of evidence. Needless to mention that if two views are possible, penalty cannot be levied. We find no fault with the view taken by the Tribunal. The appeal is therefore dismissed. No costs.
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