2008 (12) TMI 35

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..... tion 260A of the Income Tax Act, 1961 (for short, "the Act") against the order dated 18.7.2007 passed by Income Tax Appellate Tribunal, Delhi Bench 'G', New Delhi in I.T.A. No.1741/Del/2006 for the assessment year 2002-03, proposing to raise following substantial questions of law:- "1. Whether the Hon'ble ITAT has erred in law in deleting the penalty of Rs.25,577/- levied by the AO on the assesse .....

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..... was filed in respect of one concern. The Assessing Officer levied penalty under Section 271B of the Act, which was affirmed by the CIT(A). The Tribunal, however, set aside the penalty, accepting the bona fides of the assessee. 4. The finding recorded by the Tribunal that non-filing of audit report was for bona fide reasons being pure finding of fact, we are unable to hold that any substantial que .....

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