K.J. IN THE HIGH COURT OF JUDICATRE AT BOMBAY ORDINARY ORIGINAL CIVIL JRISDICTION INCOME TAX APPEAL NO.1500 OF 2007 The CIT-26 ..Appellant Versus Shri V.C.George Kutty ..Respondent ---- Mr.A.D.Kango with Mr.P.S.Sahadevan for the appellant. Mr.Subhash Shetty for the respondent. ---- Coram : F.I.Rebello & R.S.Mohite,JJ Coram : F.I.Rebello & R.S.Mohite,JJ Coram : F.I.Rebello & R.S.Mohite,JJ Date : 18.03.2008. PC 1. Issue pertains to imposition of penalty. Both, the Commissioner (Appeals) and ITAT have recorded the finding that there was amount lying with the appellant and the assessee has asked that said amount to be adjusted. 2. In these circumstances, we are of the opinion that there was no infirmity in the order of the Commissioner (Appeals) and ITAT and consequently, appeal 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)