IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 ITA.No. 62 of 2010() -------------------- ITA.868/COCH/2007 OF THE INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH APPELLANT/APPELLANT -------------------------- THE COMMISSIONER OF INCOME TAX, KOZHIKODE. BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/ RESPONDENT ------------------------- SHRI.A.MOHAMMED ABDURAHMAN, ADIYATHIL HOUSE, ANANTAVOOR, THIRUNAVAYA, MALAPPURAM. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 10/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN Ag. CJ & C.N. RAMACHANDRAN NAIR, J. = = = = = = = = = = = = = = = = = = = = I.T.A. 62 OF 2010 = = = = = = = = = = = = = = DATED THIS, THE 10TH DAY OF MARCH, 2010. J U D G M E N T Raman, Ag. CJ. This is an appeal arising out of the order of the Income Tax Appellate Tribunal, Cochin Bench in ITA No. 868/Coch/2007 dated 24.7.2009. The assessee was imposed penalty under Section 271(1)(c) of the Income Tax Act, at 200% as against the maximum of 300%. On appeal, it was reduced to 100%, by the Commissioner of Income Tax. The Tribunal found that restriction of penalty to 100% as against 200% levied by the Assessing Officer is justified. Thus reduction of penalty by 100% was confirmed in appeal by the Tribunal. Thus the finding of penalty sustained. The only issue is as to whether the reduction on the factual situation is justified or not. We do not find any substantial question of law as such arising out of the order of the Tribunal. In such circumstances, there is no merit in the appeal. Dismissed. P.R. RAMAN, (Ag. CHIEF JUSTICE) C.N. RAMACHANDRAN NAIR, (JUDGE). knc/-