1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.586 OF 2009 The Commissioner of Income Tax ..Appellant. Versus Jagdish Prasad Khandelwal ..Respondent. Mr.D.K. Kamwal for the appellant. Mr.Atul K. Jasani for the respondent. CORAM : V.C. DAGA & J.P. DEVADHAR, JJ. DATE : 10TH JUNE, 2009 P.C. : 1. Heard learned counsel for the revenue and the learned counsel for the respondent. 2. The question sought to be raised with respect to deletion of penalty under Section 271 C is concerned, it revolves around the factual appreciation of evidence. Needless to mention that if two views are possible, penalty cannot be levied. We find no fault with the view taken by the Tribunal. The appeal is therefore dismissed. No costs. (V.C. Daga, J.) (J.P. Devadhar, J.)