The Commissioner Of Income Tax v. Krishna Lifestyle Technologies Ltd

bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L)NO.1947 OF 2009 The Commissioner of Income Tax Vs. Krishna Lifestyle Technologies Ltd. ..Appellant ..Respondent Mrs.Padma Divakar for appellant. CORAM :- V.C.DAGA &J.P.DEVADHAR,JJ. 11TH AUGUST, 2009 DATE : P.C. 1.The question of law sought to be raised in the appeal relates to the deletion of penalty levied under section 271(1)(c) of the I.T.Act. The Tribunal has recorded a categorical finding that there was no concealment of particulars of income or furnishing of inaccurate particulars of income, therefore, no penalty provisions u/s.271(1)(c) is attracted. Apart from this, the assessee has also filed his revised return. So far as the second part of the order, which is not in consonance with the law laid by the Apex Court in the case of CIT Vs. Gold Coin Health Food (P) Ltd. 304 ITR 308(SC) is concerned, to that extent, the Tribunal has set aside the order of the CIT(A). 2.In the above view of the matter, the view taken by the Tribunal is a reasonable and possible view. No perversity could be demonstrated by the learned counsel for the appellant in the impugned order. The appeal is without any substance. Hence, the same stands dismissed with no order as to costs. (J.P.DEVADHAR,J.) (V.C.DAGA,J.)