(-1-) MGN IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL, CIVIL JURISDICTION ORDINARY ORIGINAL, CIVIL JURISDICTION ORDINARY ORIGINAL, CIVIL JURISDICTION INCOME TAX APPEAL NO.67 OF 2002 The Commissioner of Income Tax Mumbai City-6. ...Appellant Vs. M/s.Carona Ltd. ..Respondent Mr.A.D.Kango with Mr. P.S. Sahadevan, for the Appellant Mr.Mandar Vaidya with Mr. Arun Sathe, for Respondent CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & R.S.MOHITE,JJ. R.S.MOHITE,JJ. R.S.MOHITE,JJ. DATED: 29TH JANUARY,2008 DATED: 29TH JANUARY,2008 DATED: 29TH JANUARY,2008 P.C.: P.C.: P.C.: . The Commissioner (Appeals) on the facts on record came to the conclusion that there was no concealment and consequently set aside the order imposing penalty. In so far as assessment year 1986-87 similar penalty was set aside with leave granted set out therein. Considering the record the Tribunal refused to interfere with the discretion exercised by the Commissioner (Appeals). 2. In our opinion there are two concurrent findings of fact. In the light of that the question of law as raised would not arise, consequently appeal dismissed. (R.S.MOHITE, J.) (R.S.MOHITE, J.) (R.S.MOHITE, J.) (F.I.REBELLO, (F.I.REBELLO, (F.I.REBELLO, J.) J.) J.)