1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. INCOME TAX APPEAL NO.2624 OF 2009 The Commissioner of Income Tax-21 ..Appellant. Vs. M/s. Shivling Construction ..Respondent. .... Mr. Suresh Kumar for the Appellant. Mr. Hemant Judia for the Respondent. .... CORAM : DR. D.Y.CHANDRACHUD & J.P. DEVADHAR, JJ. 8th January, 2010. P.C.: The only issue which has been raised in the Appeal by the revenue is whether the Tribunal is justified in cancelling the penalty which was levied under Section 271 (1)(c) of the Income Tax Act, 1961. It is common ground before the Court that as a matter of fact the VDIS certificate was not issued. A regular assessment was carried out. The Tribunal held that the assessee had neither submitted inaccurate particulars nor had he concealed any income. In these 2 circumstances, the cancellation of the order of penalty cannot be faulted. No substantial question of law arises. The Appeal is accordingly dismissed. (Dr. D.Y.Chandrachud, J.) (J.P. Devadhar, J.)