The Income Tax Officer-12(2)(1 v. M/S. Sanjeev Woolen Mills

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 5531 OF 2010 The Income Tax Officer-12(2)(1) versus M/s. Sanjeev Woolen Mills ..Appellant ..Respondent -------- Ms. S.V.Bharucha for the Appellant. Mr. S.P.Goyal, Partner-representative of Respondent -Company present. ............. CORAM : S.J.VAZIFDAR &M.S.SANKLECHA, JJ. DATED : 14[th] August, 2012 P.C. : 1This appeal under Section 260A of the Income Tax Act, 1961 has been filed by the Revenue against the order dated 03.11.2009 of the Income Tax Appellate Tribunal in respect of assessment year 1998-1999 in Income Tax Appeal No. 5080/Mum/2007. 2 The grievance of the Appellant in the present appeal is dropping of penalty proceeding under Section 271(1)(c) of the Income Tax Act, 1961. The Tribunal dropped the penalty proceedings in view of its order dated 08.10.2009 in Income Tax Appeal No. 3323/Mum/2004 in quantum proceedings. The Income Tax Appellate Tribunal had by its order dated 08.10.2009 allowed the respondent-assessee's appeal in quantum appeal. We are informed that the Revenue has not preferred any appeal against the order dated 08.10.2009 of Income Tax Appellate Tribunal in respect of the quantum proceedings before this court. 3In the circumstances, no fault can be found with the order of the Tribunal dated 03.11.2009. Therefore, no question of law arises. 4The appeal is dismissed. No order as to costs. (M.S. SANKLECHA, J.) (S.J.VAZIFDAR, J.)