:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.470 OF 2001 The Commissioner of Income Tax. ..Appellant. Vs. The Bombay Burmah Trading Co. Ltd. ..Respondent. Mr.A.S.Rao with Mr.P.S.Sahadevan for the Appellant. Mr.S.J.Mehta i/by M/s. S.P. Mehta for the Respondent. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATED : 30TH JANUARY,2008. PC : 1. The revenue has preferred this appeal on the following question of law. Whether on the facts and in the circumstances of the case, the Tribunal was justified in law in upholding cancellation of penalty u/s. 271(c) imposed due to fraudulent claim of depreciation on boiler, even the related lease transaction was a colourable device aimed at tax avoidance? 2. ITAT has confirmed the order of the Commissioner (Appeals). Considering that there are two concurrent findings of fact no interference is called for. Appeal is dismissed. (R.S. MOHITE, J.) (F.I. REBELLO, J.)