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The Commissioner Of Income Tax v. M/S Globe Accessories Pvt. Ltd

High Court 29 Jun 2009 In favour of: Assessee
Forum / Bench
High Court · newos
Parties
The Commissioner Of Income Tax v. M/S Globe Accessories Pvt. Ltd
Date of order
29 Jun 2009
Assessment year(s)
Outcome
Dismissed

The order — as passed by the High Court

Case summary

In The Commissioner Of Income Tax v. M/S Globe Accessories Pvt. Ltd, the High Court (2009) dismissed the appeal. The decision went in favour of the assessee.

Decision: The appeal thus stands dismissed in limini for want of substantial question of law with no order as to costs.

Summary auto-generated from the order below — read the full judgment for the complete reasoning.

Sections referenced in this judgment

srk IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO. 2115 OF 2008 The Commissioner of Income Tax Vs.M/s Globe Accessories Pvt. Ltd. ..Appellant ..Respondent Mr. Yogesh Patki i/b P.S. Sahadevan for appellant.Mr. Atul K. Jasani for respondent. P.C. CORAM :- V.C.DAGA & J.P.DEVADHAR,JJ. 29th June, 2009 DATE : 1Heard learned Counsel for the parties. Perused appeal. 2The question relates to penalty under section 271 (1)(c) of the Income Tax Act, 1961 imposed for non-furnishing of material as per the statutory requirement for assessment. 3During the course of hearing, we were taken to the order passed by the Tribunal. The Tribunal has also categorically recorded a finding of fact that, the penalty could not have been inflicted on the ground that computation u/s 115JA was not furnished, as was statutorily required. Tribunal has found that the disclosure by words was very much made, such disclosure by no means could not have been viewed as inferior compared to the disclosure by figures. The view taken by the Tribunal cannot be faulted. 4Considering the factual aspect, which is based on the appreciation of evidence, we find no substantial question of law is involved in the present appeal. The appeal thus stands dismissed in limini for want of substantial question of law with no order as to costs. (J.P.DEVADHAR,J.) (V.C.DAGA,J.)
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