1 itxal955-11 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.955 OF 2011 The Commissioner of Income Tax – 26, Mumbai ..Appellant. Versus Shri Paresh Vaish ..Respondent. Mr.N.A. Kazi for the appellant. Mr.Vivek Shetty i/by DSK Legal 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. Counsel for the parties state that the quantum addition made in the present case was deleted by the Income Tax Appellate Tribunal and the Appeal filed by the Revenue against the said order, being Income Tax Appeal No.785 of 2011 has been dismissed by us today. Since the quantum addition has been deleted by the Income Tax Appellate Tribunal and the said order has been upheld by this Court, the question of sustaining the penalty levied under Section 271(1)(c) of the Income Tax Act, 1961 does not arise. 3. The appeal is accordingly dismissed with no order as to costs. (K.K. Tated, J.) (J.P. Devadhar, J.)