(-1-) MGN IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.25 OF 2008 The Commissioenr of Income-tax 14.Appellant Vs. M/s.Maheshchand Gupta (HUF) ...Respondent Mr. S.M. Shah for the Appellant. CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & K.U.CHANDIWAL, JJ. K.U.CHANDIWAL, JJ. K.U.CHANDIWAL, JJ. DATED: 24TH JUNE 2008 DATED: 24TH JUNE 2008 DATED: 24TH JUNE 2008 P.C.: P.C.: P.C.: . The order of the Commissioner (Appeals) was confirmed by I.T.A.T. The I.T.A.T. in para.3 of his order has observed that the C.I.T. (A) had cancelled the penalty on the ground that the assessee had disclosed the facts material to the computation of its total income and that its claim under Section 80HHC was based on interpretation of law. The Tribunal further noticed as under:- "The finding of fact recorded by the learned C.I.T. (A) has not been controverted." 2. Considering that the said finding of fact is not controverted the question of law as framed would not arise in this Appeal. Consequently Appeal dismissed. (K.U.CHANDIWAL, J.) (F.I.REBELLO, J.) (K.U.CHANDIWAL, J.) (F.I.REBELLO, J.) (K.U.CHANDIWAL, J.) (F.I.REBELLO, J.)