:1: 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. 23 OF 2007 INCOME TAX APPEAL NO. 23 OF 2007 INCOME TAX APPEAL NO. 23 OF 2007 K. K. Motwani Estates Pvt. Ltd., Mumbai ..Appellant versus The I.T.O. Ward 3(2)(3), Mumbai ..Respondent Ms. Bina Pillai i/b. Mr. D. M. Harish for the Appellant. Mr. Vimal Gupta for the Respondent. CORAM : BILAL NAZKI & CORAM : BILAL NAZKI & CORAM : BILAL NAZKI & A.A. KUMBHAKONI, JJ. A.A. KUMBHAKONI, JJ. A.A. KUMBHAKONI, JJ. DATE : 10TH JULY, 2008. DATE : 10TH JULY, 2008. DATE : 10TH JULY, 2008. P.C. P.C. P.C. . Although many questions have been framed in the Memo of Appeal, yet only question falls for our consideration and which was agitated before the Tribunal was regarding confirming the penalty under Section 271D amounting to Rs.1,50,000/-. 2. Learned counsel for the appellant submits that no loan was advanced at any stage, therefore, question of penalty under Section 271D would not arise. Even if it is taken that the deposits were :2: made, then deposits were also refundable. Therefore, we do not find that any question of law falls for consideration of this court under Section 271D. Besides, there is finding of the Authorities and the Tribunal that the money was advanced through cash as loan. That finding of fact cannot be disturbed by this court in this Appeal. Appeal is dismissed. ( BILAL NAZKI, J. ) ( BILAL NAZKI, J. ) ( BILAL NAZKI, J. ) (A. A. KUMBHAKONI, J.) (A. A. KUMBHAKONI, J.) (A. A. KUMBHAKONI, J.)