IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.541 OF 2009 The Commissioner of Income Tax ..Appellant Vs. Renu K.Taurani ..Respondent Mr.Ram Upadhyay for appellant. None for respondent. CORAM :- V.C.DAGA & J.P.DEVADHAR,JJ. DATE :- 9TH JULY, 2009 P.C. 1. Heard. Perused appeal. Office objections are overruled. Registry to register the appeal. 2. The question sought to be raised in the above appeal is relating to cancellation of penalty levied under Section 271(1)(C) of the Income Tax Act. The Tribunal has recorded a finding on the basis of admitted fact that when the Assessing Officer brought to the notice of the assessee about the mistake of claim by the assessee, the assessee immediately withdrew the claim of dividend and admitted that the claim made by him under bonafide belief. Said finding of fact recorded by the Tribunal is based on appreciation of evidence with which no fault can be found. The appeal is, therefore, dismissed in limine with no order as to costs. (J.P.DEVADHAR,J.) (V.C.DAGA,J.)