1 itxal-1668-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (LOD) NO.1668 OF 2010 The Commissioner of income Tax-II ..Appellant. V/s. M/s. Span SM Developers ..Respondent. Mr. Vimal Gupta for appellant. None for respondent. CORAM : J.P. DEVADHAR AND SMT. R.S. DALVI, JJ. DATED : 14TH MARCH, 2011 P.C. :- 1. The CIT is aggrieved by the order of ITAT in deleting the penalty levied under Section 271(1)(c) of the Income Tax Act, 1961. The penalty was deleted by the ITAT in view of the fact that quantum addition made under Section 80IB has been deleted in the light of the Special Bench decision in the case of Brahma Associates. The appeal filed by the revenue against the Special Bench decision being Income Tax Appeal No.1194 of 2010 (CIT V/s. Brahma Associates) has been dismissed by this Court on 22/02/2011. In this view of the matter, since the quantum addition stands deleted, deletion of penalty under Section 271(1(c) cannot be faulted. Accordingly, the appeal is dismissed with no order as to costs. (SMT. R.S. DALVI, J.) (J.P. DEVADHAR, J.)