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2017 (2) TMI 35 - BOMBAY HIGH COURTImposition of penalty under Section 271(1)(c) - Held that:- The grounds that were highlighted before the Tribunal pertain to the confirmation of levy of penalty by the Commissioner of Income Tax (Appeals). The error in that confirmation was highlighted by the assessee's representative and during the course of his arguments, the assessee's representative referred to the Tribunals views on the merits and in quantum proceedings. That is how he would support the contention that there was no case made out for imposition of penalty. Once such was the lis before the Tribunal, then the above quoted findings, which are derived from the Tribunal's order, do not raise any substantial questions of law, particularly, in the light of the argument of the Revenue's counsel as noted in paragraph 4 of the impugned order. Thus, whether the facts and circumstances justify deletion of penalty as prayed, or that the ingredients enabling imposition of penalty under that particular statutory provision are satisfied or not, was the real issue involved. That is evidently a mixed issue. We do not see, in light of the factual findings rendered by the Tribunal, that any substantial question of law arises for determination and consideration in these Appeals. We must see that the approach of the Tribunal in deleting penalty. On the date of that exercise undertaken, and to delete the penalty, the Tribunal had before it, its factual findings in quantum proceedings. On the date when the impugned orders were passed, those factual findings were not reversed or disturbed in any manner. In the circumstances, the Tribunal was justified in deleting the penalty - Decided in favour of assessee
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