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 ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION INCOME INCOME INCOME TAX APPEAL NO. 449 OF 2009 TAX APPEAL NO. 449 OF 2009 TAX APPEAL NO. 449 OF 2009 The Commissioner of Income-tax. ... Appellant. V/s. M/s.New Alfa. ... Respondent. Ms.Suchitra Kamble for the appellant. Ms.Beena Pillai i/b. D.M.Haresh & Co. for the respondent. CORAM CORAM CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. : V.C.DAGA AND J.P.DEVADHAR, JJ. : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED DATED DATED : 28th April 2009. : 28th April 2009. : 28th April 2009. P.C. P.C. P.C. : : : ---- ---- ---- . Heard learned counsel for the parties. 2. So far as penalty under section 271(1)(c) of the Income Tax Act, 1961 is concerned, the factual aspect is taken account by the Tribunal and the discretion is exercised. Apart from this, in view of the judgment of Apex Court in S.L.P.(Civil) No.31541/2008 (C.I.T. v. Sangrila Vanaspati Mills Ltd.) all undisclosed income cannot be elevated to the status of estimated income. In this view of the matter, no question of law is involved warranting admission of the appeal. Appeal is, thus, dismissed in limine with no order as to costs. (J.P.DEVADHAR, (J.P.DEVADHAR, (J.P.DEVADHAR, J.) J.) J.) (V.C.DAGA (V.C.DAGA (V.C.DAGA J.) J.) J.)