1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.3940 OF 2008 The Commissioner of Income Tax – 5, Mumbai ..Appellant. Versus M/s.Trillizo Holdings P. Limited ..Respondents. Mr.P.S. Sahadevan for the appellant. None for the respondent. CORAM : V.C. DAGA & J.P. DEVADHAR, JJ. DATE : 8TH JULY, 2009 P.C. : 1. Heard learned counsel for the revenue. Office objections, if any are over-ruled. Registry is directed to register the appeal. 2. The issue sought to be raised in this appeal revolves around Section 271(1)(c) of the I.T. Act. The tribunal has recorded a finding of fact that levy of penalty is not justified, since there was no conceiling and it was a bona fide claim made by the assessee. 3. Under these circumstances, looking to the findings of fact based on appreciation of evidence, we do not find any substantial question of law involved in this appeal. The appeal is, thus dismissed with no order as to costs. (J.P. Devadhar, J.) (V.C. Daga, J.)