1 3.ITXA.1025-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1025 OF 2011 The Commissioner of Income Tax 14, Mumbai ..Appellant. Vs. M/s. Arts & Crafts Exports. ..Respondent. .... Mr. D.K. Kamwal, for the Appellant. .... CORAM : J. P. DEVADHAR & A.R. JOSHI, JJ. DATED : 07 th DECEMBER, 2011. P.C. 1. Whether the ITAT 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 assessment year involved herein is A.Y. 2003-2004. 3. Counsel for the Revenue fairly states that the quantum additions made by the Assessing Officer by declining to grant deduction under Section 80IB/10BA of the Income Tax Act, 1961 have been deleted by the ITAT and the appeal filed by the revenue being Tax Appeal No.7 of 2 3.ITXA.1025-11 2011 against the said order of ITAT has been dismissed by this Court today i.e. 7 th December, 2011. Since the quantum additions stand deleted, the decision of the ITAT in deleting the penalty imposed under Section 271(1)(c) cannot be faulted. Accordingly, the present appeal is dismissed. (A. R. JOSHI, J.) (J. P. DEVADHAR,J.)