1 itxal705-11 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.705 OF 2011 The Commissioner of Income Tax – I, Pune ..Appellant. Versus Bramha Bazaz Hotels Limited ..Respondent. Mr.Vimal Gupta for the appellant. None for the respondent. CORAM : J.P. Devadhar & A.A. Sayed, JJ. DATE : 8th August, 2011. P.C. : 1. Whether the Income Tax Appellate Tribunal was justified in deleting the penalty levied under Section 271(1)(c) of the Income Tax Act, 1961 is the question raised in this appeal. 2. The Income Tax Appellate Tribunal in para-8 of its order has recorded a finding of fact that the assessee had failed to submit the certificate in Form 29B along with the return of income inadvertently due to bona fide mistake and that the said certificate was furnished during the course of assessment proceedings and, therefore, it was not property to impose penalty under Section 271(1)(c) of the Income Tax Act, 1961. 2 itxal705-11 3. The decision of the Income Tax Appellate Tribunal is based on finding of fact. No question of arises from the order of the Income Tax Appellate Tribunal. The appeal is accordingly dismissed with no order as to costs. (A.A. Sayed, J.) (J.P. Devadhar, J.)