IN HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.2423 OF 2013 Commissioner of Income-Tax-2 ...Appellant v/s. M/s.Charbhuja Industries Pvt.Ltd....Respondent Mr.Sureshkumar for Appellant. CORAM : S.C.DHARMADHIKARI & A.A. SAYED, JJ. P.C. DATED : 12 DECEMBER 2014 Though Appeal is listed under group of similar matters for Direction , by consent of Mr.Sureshkumar, it is taken up as listed for Admission . 2. Tribunal's order for Assessment Years 2008-09 om and 2011-12 in Income Tax Appeal No.6345 and 6346/M/2012 decides Appeals and by common order rendered on 22 May 2013. B 3. Revenue has only challenged order in Income Tax Appeal No.6345/M/2012, which pertains to Assessment Year 2008-09. penalty was imposed under section 271(1)(c) of Uday Kambli Income Tax Act, 1961, which was confirmed by Commissioner. penalty has been deleted for reasons assigned in para 2.2 of Tribunal's order. Tribunal found that it was purely mistake of Chartered Accountant that he claimed deduction under section 10B of IT Act, as per previous practice and inadvertently he failed to take note of amended provision. Assessee-company bonafide relying on this computation made by Chartered Accountant claimed exemption. There was no concealment of income or non-furnishing of true particulars. Assessee was claiming exemption and erroneously. Since conduct of Assessee throughout was bonafide, Tribunal deleted penalty. 4. We do not find any substance in contention of Revenue inasmuch as such order of Tribunal cannot be om termed as perverse or vitiated by any error of law apparent on th face of record. It does not give rise any substantial question of law. Appeal is devoid of merits and is dismissed. B (A.A. SAYED, J.) (S.C.DHARMADHIKARI,J.) Uday Kambli Commissioner of Income-tax-2 v. M/s.Charbhuja Industries Pvt.Ltd