IN HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.2241 OF 2013 Commissioner of Income Tax Central IV Appellant Versus M/s. Ruby Mills Limited Respondent Mr. Tejveer Singh for Appellant. Mr. R. Murlidhar a/w B. G. Yewale i/b. M/s. Rajesh Shah & Co. for Respondent. CORAM: S. C. DHARMADHIKARI & A. K. MENON, JJ. DATE : 23rd APRIL, 2015. P.C.: Having heard both sides and finding that issue raised by assessee was arguable and debatable, imposition of penalty cannot be sustained. That has been rightly deleted by Tribunal. Further, fact that matter traveled upto Tribunal and where assessee succeeded may be after imposition of penalty shows that in facts and circumstances, there was no justification for imposition of penalty. That has been rightly deleted. appeal does not raise any substantial question of law. It is, accordingly, dismissed. No costs. (A. K. MENON, J.) (S. C. DHARMADHIKARI, J.) 1/1 Uploaded on - 24/04/2015 Downloaded on - 08/04/2020 14:34:02 Commissioner of Income-tax, Central-IV v. Ruby Mills Limited