=1= IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION INCOME INCOME INCOME TAX TAX TAX APPEAL NO.462 OF 2008 APPEAL NO.462 OF 2008 APPEAL NO.462 OF 2008 The Commissioner of Income Tax-XVI, Mumbai 400 007 ...Appellant v/s Shri Madhav N. Bhatkuly ...Respondent Ms Anuradha Mane for Appellant. Mr K. Gopal with Mr Jitendra Singh for Respondent. CORAM CORAM CORAM : : : D.K. DESHMUKH AND J.P. DEVADHAR JJ. D.K. DESHMUKH AND J.P. DEVADHAR JJ. D.K. DESHMUKH AND J.P. DEVADHAR JJ. DATE DATE DATE : 5TH SEPTEMBER 2008 5TH SEPTEMBER 2008 5TH SEPTEMBER 2008 =2= P.C.- 1. On recording a clear finding of fact that there is no concealment on the part of the assessee, the penalty has been set aside by the Tribunal. No question of law arises in this appeal. Appeal is rejected. . Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of the Court. . Certified copy is expedited. ( D.K. DESHMUKH J.) ( J.P. DEVADHAR J.)