1 itxa1652-10 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1652 OF 2010 The Commissioner of Income Tax - 2, Mumbai ..Appellant. Versus M/s.Sudarshan Fiscal Services Private Limited ..Respondent. Mr.Vimal Gupta for the appellant. Mr.Jignesh R. Shah with Mr.P.C. Tripathi for the respondent. CORAM : J.P. Devadhar & Smt.R.P. Sondurbaldota, JJ. DATE : 8th June, 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 Tribunal, on consideration of facts, has held in para 6 of its judgment that the assessee had filed details of sale of shares and, therefore, the assessee cannot be said to have concealed any particulars so far as his computation of income is concerned. The decision of the Tribunal is based on finding of fact. No substantial question of law arises from the order of the Tribunal. The appeal is accordingly dismissed with no order as to costs. (Smt.R.P. Sondurbaldota, J.) (J.P. Devadhar, J.)