1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. INCOME TAX APPEAL NO.3044 OF 2009 The Commissioner of Income Tax-22. ...Appellant. Vs. Mehul Ramniklal Shah. ...Respondent. .... Ms.Suchitra Kamble for the Appellant. Dr.K.Shivram with Mr.A.R.Singh and Mr.P.S.Savla for the Respondent. ..... CORAM : DR.D.Y.CHANDRACHUD AND J.P.DEVADHAR, JJ. June 11, 2010. P.C. : Both, the Commissioner (Appeals) and in appeal, the Tribunal have concurred in the view that a deletion of the penalty under Section 271(1)(c) of the Income Tax Act, 1961 was warranted in the facts of this case. The Commissioner of Appeals has held that no positive material was gathered by the Assessing Officer during either the assessment or the penalty proceedings to prove the concealment or the inaccuracy of the particulars of the income submitted by the assessee. The Tribunal held that the addition in the quantum case was made only on the basis of estimate. Having regard to this finding, no substantial question of 2 law arises. The appeal is dismissed. In view of the order which has been passed, it would not be necessary to answer the second part of the question as formulated. ( Dr.D.Y.Chandrachud, J.) ( J.P.Devadhar, J.)