1 itxa4923-10 sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.4923 OF 2010 The Commissioner of Income Tax-13, Mumbai ..Appellant. V/s. Jaykumar B. Gala ..Respondent. Mr. Suresh Kumar for the appellant. Mr. P.S. Savla for the respondent. CORAM : J.P. DEVADHAR AND A.A.SAYED, JJ. DATED : 19TH JULY, 2011 P.C. :- 1. Whether the ITAT 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. In the present case, it appears that the assessee had disclosed additional income of Rs.31,22,000/- received by way of gift by a letter addressed to the assessing officer after the notice under Section 143(2) of the Act, which was issued by the assessing officer. The finding 2 itxa4923-10 of fact recorded by CIT(A) and confirmed by the ITAT is that there was no concealment of income and the assessee had offered the same to tax voluntarily. The decision of the Tribunal is based on finding of fact. No question of law arises out of the order of the Tribunal. The appeal is dismissed with no order as to costs. (A.A. SAYED, J.) (J.P. DEVADHAR, J.)