1 ITXAL972-11.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ttm INCOME TAX APPEAL (L) NO.972 OF 2011 The Commissioner of Income Tax-1, Mumbai .. Appellant Vs. M/s.Thomas Cook (India) Ltd. .. Respondent. Ms.Anamika Malhotra for the appellant Mr.Atul K. Jasani for the respondent CORAM : J.P. DEVADHAR & K.K. TATED, JJ. DATE : 15TH SEPTEMBER, 2011. P.C. 1. Whether the ITAT was justified in deleting the penalty levied u/s. 271(1)(C) of the I.T.Act is the question raised in this appeal. 2. The ITAT has deleted the penalty by relying upon its order in the case of the assessee for the earlier years. 3. Admittedly, the appeals filed by the Revenue against the order of ITAT deleting the penalty levied u/s.271(1)(c) of the I.T.Act have been dismissed by this court for want of removal of office objections/delay. No steps have been taken for restoration of the said appeals. Moreover, as regards the quantum appeals sustained by the ITAT the assessee has filed appeals and those appeals have been admitted. Apart from the above, the Tribunal has 2 ITXAL972-11.doc recorded a finding of fact that in the present case, the Assessee has disclosed all the facts and that the assessee has neither furnished inaccurate particulars of income nor concealed any income. In these circumstances, deletion of the penalty levied u/s.271(1)(c) of the I.T.Act cannot be faulted. 4. Accordingly, appeal is dismissed. (J.P. DEVADHAR, J.) (K.K. TATED, J.)