(-1-) hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1498 OF 2007 The Commissioner of Income Tax ... Appellant The Commissioner of Income Tax ... Appellant The Commissioner of Income Tax ... Appellant Versus M/s. Orient Press Ltd. ... Respondent Mr.P.S. Sahadevan for the Appellant. Mr. Sanjiv Shah for Respondent. CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & R.S.MOHITE, JJ. R.S.MOHITE, JJ. R.S.MOHITE, JJ. DATED: 24TH MARCH, 2009 DATED: 24TH MARCH, 2009 DATED: 24TH MARCH, 2009 P.C.: P.C.: P.C.: . The revenue is in appeal in respect of the order of the ITAT for the assessment year 1993-94 and 1994-95. The tribunal on the facts found that the AO for the assessment year 1995-96 did not impose any penalty on the same set of facts as per assessment years 1993-94 and 994-95. The tribunal noted that the dropping of penalty proceedings for the assessment year 1995-96 was a conscious act by the concerned officer as is evident from the specific order dropping the penalty proceedings for that year. No distinctive features were pointed out as to why the penalty was not imposed for the assessment year 1995-96 which were different from the assessment years in question. The tribunal noted that the assessee all along had taken a stand (-2-) that due to paucity of time certain relevant record could not be located. Considering the findings of fact recorded, in our opinion, as the revenue was unable to show any distinctive features, we find no fault with the findings recorded by the tribunal. Consequently, there is no merit in this appal which is accordingly dismissed. (R.S.MOHITE, J.) (F.I.REBELLO, J.) (R.S.MOHITE, J.) (F.I.REBELLO, J.) (R.S.MOHITE, J.) (F.I.REBELLO, J.)