1 itxa4305-09 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.4305 OF 2009 The Commissioner of Income Tax – 6, Mumbai ..Appellant. Versus M/s.Asia Publishing House Limited ..Respondent. Ms.Suchitra Kamble for the appellant. Mr.P.R. Toprani for the respondent. CORAM : J.P. Devadhar & R.M. Savant, JJ. DATE : 6th December, 2010. P.C. : 1. The short question raised in this appeal is, whether the Income Tax Appellate Tribunal was justified in deleting the penalty levied under Section 271(1)(C) of the Income Tax Act, 1961. Perusal of the impugned orders show that the assessee has disclosed all the material facts and that the assessee had bona fide believed that the enhanced municipal taxes agreed to be borne by the tenant would not be considered as a part of its annual letting value. The decision of the Tribunal is based on finding of fact. No substantial question of law arises in this appeal. The appeal is thus dismissed with no order as to costs. (R.M. Savant, J.) (J.P. Devadhar, J.)