1 itxa1538-10 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1538 OF 2010 The Commissioner of Income Tax – 1, Thane ..Appellant. Versus Bhavanand Upadhyaya ..Respondent. Mr.Suresh Kumar for the appellant. Mr.Atul K. Jasani i/by Mr.P.C. Tripathi for the respondent. CORAM : J.P. Devadhar & A.R. Joshi, JJ. DATE : 22nd November 2011 P.C. : 1. Whether the Income Tax Appellate Tribunal was justified in deleting the penalty levied under Section 158BFA(2) of the Income Tax Act, 1961 is the question raised in this appeal. 2. In the present case, the quantum addition made in the block assessment has been deleted by the Income Tax Appellate Tribunal and the appeal filed by the Revenue against the order of the Income Tax Appellate Tribunal, being Income Tax Appeal No.2415 of 2009 has been dismissed by us today i.e. 22nd November 2011. Since the quantum addition stands deleted, the decision of the Income Tax Appellate Tribunal in deleting the penalty cannot be faulted. 3. The appeal is accordingly dismissed with no order as to costs. (A.R. Joshi, J.) (J.P. Devadhar, J.)