IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.444 OF 2005. Commissioner of Income Tax.... .......Appellant. V/s M/s.Mutha Founders Pvt. Ltd. ..... ...... ......Respondent. Mr.Vimal Gupta, Adv. For the appellant CORAM: SWATANTER KUMAR, C.J. & A.P.DESHPANDE, J. DATED: 12th AUGUST 2008. PC: The present appeal is directed against the order dated 30.7.2004 passed by the Income Tax Appellate Tribunal. According to the learned counsel appearing for the appellant substantial question of law arises for consideration of the Court in the present appeal : “as to whether in the facts and circumstances of the case Tribunal was justified in annulling penalty imposed under section 271(1)(c) of the Income Tax Act as inaccurate particulars have been furnished by the assessee? The Tribunal while noticing the fact that the assessee had made 1 its claim for deduction of Rs.6,42,512/- u/s.80HHA in the original return but later on the assessee revised the same making its claim of deduction of Rs.2,14,170/- u/s.80HHA in respect of Unit No.I. The total investment in plant and machinery in that unit was Rs.38,33,978/-. In the notification in force at the relevant time limit of investment in plant and machinery had been Rs.60 lacs regarding an industrial undertaking as small scale unit. Having thus noticed this fact it recorded finding of fact that no fault can be found with the assessee for having promptly claimed deduction u/s.80HHA and for furnishing inaccurate particulars intentionally. On the contrary being a separate and independent unit it was bonafide belief of the assessee with regard to Unit No.II. This being finding of the fact, in our opinion no question of law, muchless a substantial question of law arises for our consideration. Hence appeal is dismissed. CHIEF JUSTICE A.P.DESHPANDE, J. 2