IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (LDG.) NO. 1908 OF 2009 The Commissioner of Income-tax-, ... Appellant. V/s. Inditravel Private Ltd. ... Respondent. Vimal Gupta for the appellant. Ajit Shah for the respondent. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 7th August 2009. P.C. : Heard. Office objections are over-ruled. Appeal is taken up for hearing by consent of parties. 2. The question sought to be raised in this appeal relates to deletion of penalty levied under section 271(1) of the Income Tax Act. The Tribunal has deleted penalty on the ground that the claim made by the assessee was bona fide and merely because the claim was rejected, it cannot be said that the claim made by the assessee was false. The finding recorded by the Tribunal is a finding of fact. No substantial question of law arises. Appeal is dismissed for want of substantial question of law with no order as to costs. (J.P.DEVADHAR, J.) (V.C.DAGA J.)