bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.2801 OF 2009 Commissioner of Income Tax ..Appellant Vs. M/s.Alka Diamond Industries Ltd. ..Respondent Mrs.Padma Divakar for appellant CORAM :- V.C.DAGA & J.P.DEVADHAR,JJ. DATE : 19TH DECEMBER,2009 P.C. 1. Heard Learned Counsel for the appellant. Office objections are overruled. Registry is directed to register the appeal. 2. The ITAT has deleted the penalty on the ground that in the present case, the assessee had sought an extension of time from RBI from time to time for realisation of the export proceeds. The finding of fact recorded by the Tribunal is that the assessee cannot be said to have furnished inaccurate particulars of income. We see no infirmity in the impugned order passed by the Tribunal. In this view of the matter, appeal stands dismissed in limine with no order as to costs. (J.P.DEVADHAR,J.) (V.C.DAGA,J.)