The Commissioner Of Income Tax v. M/S.thakur Bros Agricultural Farm

(-1-) MGN IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL LODGING NO.2008 OF 2006 The Commissioner of Income Tax...Appellant Vs. M/s.Thakur Bros Agricultural Farm..Respondent Mr.A.D.Kango with Mr. P.S. Sahadevan, for the Appellant. Mr.A.K.Jasani, for the Respondent. CORAM: F.I.REBELLO&R.S.MOHITE,JJ.DATED: 11TH FEBRUARY,2008 CORAM: F.I. R.S.MOHITE,JJ. DATED: 11TH FEBRUARY,2008 P.C.: P.C.: . The question of law is formulated in para.4. The matter pertains to penalty. Revenue was in Appeal against the order of CIT (Appeals). The Tribunal after considering the record noted that it could not be said that the assessee had furnished inaccurate particulars or has concealed income. Further there was no malafide intention brought out by the Revenue to show that the assessee had willfully submitted inaccurate particulars with an intent to conceal the income or had made a false claim. Considering the said findings the learned Tribunal confirmed the order of CIT (Appeals). Considering that there are two concurrent findings of fact the question of law as framed would not arise and consequently Appeal dismissed. (-2-) (F.I.REBELLO, J.) (R.S.MOHITE, J.)(F.I.REBELLO, J.) (R.S.MOHITE, J.) (F.I.REBELLO, J.) (R.S.MOHITE, J.)