1 itxal961-11 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.961 OF 2011 The Commissioner of Income Tax – 21, Mumbai ..Appellant. Versus M/s.Anila Silk Industries ..Respondent. Ms.Suchitra Kamble for the appellant. None for the respondent. CORAM : J.P. Devadhar & K.K. Tated, JJ. DATE : 13th September 2011 P.C. : 1. Whether the Income Tax Appellate Tribunal was justified in deleting the penalty levied under Section 271(1)(c) of the Income Tax Act, 1961 is the question raised in this appeal. 2. The Income Tax Appellate Tribunal in para-3 of its order has recorded a finding of fact that in the present case additions were made by the assessing officer by estimating a particular amount of income, which estimation was reduced in appeal. In such a situation, deletion of penalty levied under Section 271(1)(c) cannot be faulted. 3. Accordingly, the appeal is dismissed with no order as to costs. (K.K. Tated, J.) (J.P. Devadhar, J.)