0309itl94.09.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR INCOME-TAX APPEAL NO. 94 OF 2009 (Commissioner of Income-Tax-II, Nagpur Vs. M/s Wadhwani Parmeshawari Cold Storage Pvt. Ltd., Nagpur) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr. Anand Parchure, Advocate for the appellant. CORAM: J. P. DEVADHAR & A. B. CHAUDHARI, JJ. DATED : 03RD SEPTEMBER, 2010. Whether the penalty under Section 271(1)(c) of the Income Tax Act, 1961 can be levied for incorrectly claiming depreciation is, a question which is raised in this appeal. Since the issue is covered by the judgment of the Apex Court in the case of Commissioner of Income- Tax Vs. Reliance Petroproducts Pvt. Ltd. - [2010] 322 ITR 158 (SC), the learned Counsel for the appellant seeks liberty to withdraw the appeal. The appeal is allowed to be withdrawn. Refund of Court fees as per law. JUDGE JUDGE wwl