Dmt 1 ita3476-10 IN THE HIGH COURT OF JDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 3476 OF 2010 The Commissioner of Income-Tax-3. ..Appellant. Vs. Coral Laboratories Ltd., ..Respondent. Mr. Vimal Gupta for the Appellant. Mr. Subramanion i/by V.S. Hadade for Respondent. CORAM : J.P. DEVADHAR AND A.A. SAYED, JJ. DATE : 6TH JULY, 2011. P.C. Whether the Tribunal was justified in deleting the penalty levied by the Assessing Officer u/s 271(1)(c) of the Income Tax Act, 1961 is the question raised in this appeal. 2. The Tribunal has deleted the penalty on the ground that Dmt 2 ita3476-10 the claim made by the assessee was a bonafide claim and the fact that the claim was disallowed by the Tribunal cannot be a ground to impose penalty. In this view of the mater, we see no reason to entertain this appeal. Appeal is dismissed. No order as to costs. ( A.A. SAYED, J. ) (J.P. DEVADHAR, J.)