1 itxa1650-10 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1650 OF 2010 The Commissioner of Income Tax - 1, Mumbai ..Appellant. Versus M/s.DBC Sons (Gujarat) Private Limited ..Respondent. Mr.Vimal Gupta for the appellant. Mr.Jitendra Jain i/by PDS Legal for the respondent. CORAM : J.P. Devadhar & Smt.R.P. Sondurbaldota, JJ. DATE : 8th June, 2011. P.C. : 1. Whether the Income Tax Appellate Tribunal was justified in deleting the penalty of Rs.4,47,153/- levied under Section 158BFA(2) of the Income Tax Act, 1961 is the question raised in this appeal. This Court in the case of Commissioner of Income Tax V/s. Dodsal Limited reported in [2009] 312 ITR 112 (Bom) has held that penalty under Section 158BFA(2) of the Income Tax Act, 1961 is discretionary and not mandatory. In the present case, the Tribunal in exercise of discretion has deleted the penalty. We see no reason to interfere with the order of the Tribunal. The appeal is thus dismissed with no order as to costs. (Smt.R.P. Sondurbaldota, J.) (J.P. Devadhar, J.)