(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) 1.0 We have heard Mr.M. R. Bhatt, learned standing counsel for Mrs. Mauna Bhatt, learned counsel for the department in this Tax Appeal.
2.0 The substantial question of law sought to be raised is as under:
"Whether the Appellate Tribunal is right in law and on facts in restricting the penalty levied u/s 271(1)(c) of Rs.31,52,258/- to Rs.2,30,796/-?"' 3.0 The order of the Tribunal dated 27th September 2010 passed in ITA No.IT(SS) 07/RJT/2010 (Assessment Year 1999-2000) has been challenged. We do not find any infirmity in this Tax Appeal where the Tribunal has confirmed the penalty imposed by the Commissioner Income-Tax (Appeals) which was reworked and reduced by the Commissioner (Appeals) on the ground that there cannot be any concealment penalty levied on the estimated income. Therefore, there was no reason for the department to file this Tax Appeal No.538 of 2011 to challenge the order of the Tribunal.
4.0 Learned counsel for the appellant states that this Tax Appeal has been filed under some mistake.
5.0 We, therefore, dismiss this Tax Appeal accordingly.
[V.
M. SAHAI, J.] [N.
V. ANJARIA, J.] Amit Top