Judgment :- (JUDGMENT OF THE COURT WAS DELIVERED BY F.M.IBRAHIM KALIFULLA,J.) The Revenue has come forward with this appeal and the question of law sought to be raised reads as under:- "Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in deleting the penalty levied under Section 271(1)(c) when the assessee has made bogus claim made on the depreciation on goodwill? " 2. We have perused the order of the Tribunal impugned in this appeal. The respondent/assessee stated to have claimed depreciation on goodwill. According to the appellant such claim was rejected in the earlier assessment years. The assessee chose to make the claim for the present assessment year also. On that basis, it cannot be held that the claim itself was bogus. The question for consideration was whether penalty could be levied on such a claim which was made by the assessee on the footing that the claim should be construed as one of bogus. It is in that context the Tribunal held that the claim of depreciation was not a bogus claim. Therefore, mere disallowance would not attract levy of penalty under Section 271(1)(c) of the Income Tax Act. We are in full agreement with the conclusion of the Tribunal. We therefore, do not find any scope to entertain this appeal and no question of law, much less any substantial question of law, arises for consideration. The appeal fails and the same is dismissed.