IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.264 OF 2005 The Commissioner of Income Tax. ..Appellant. Vs. M/s. National Rayon Co. Ltd. ..Respondent. Mr. B.M.Chatterji with Ms.P.P. Bhosale and Mr. P.S. Sahadevan for the Appellant. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATED : 24th March,2008. PC : 1. This is a appeal preferred by the appellant against the order of imposing penalty. The Tribunal in the impugned order has noted that the claim of reimbursement in the appeal preferred by the assessee was allowed and consequently set aside the order imposing penalty. Considering the above, in our opinion, the question of law as framed would not arise and consequently the appeal dismissed. (R.S. MOHITE, J.) (F.I. REBELLO, J.)