1 itxa5715-10 sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.5715 OF 2010 The Commissioner of Income Tax-13, Mumbai ..Appellant. V/s. M/s. Indu Oil Co. ..Respondent. Mr. Suresh Kumar for the appellant. Ms. Aarti Sathe with Kalpesh Turalkar for the respondent. CORAM : J.P. DEVADHAR AND A.R. JOSHI, JJ. DATED : 5TH DECEMBER, 2011 P.C. :- 1. Whether the ITAT 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 both sides state that the appeal filed by the revenue being Income Tax appeal No.969 of 2008 in regard to the quantum addition has been dismissed by us today i.e. 5/12/2011. Since the quantum addition stands deleted, the order of the ITAT in deleting the penalty levied under Section 271(1)(c) of the Income Tax Act, 1961 would not survive. Accordingly, the appeal is dismissed with no order as to costs. (A.R. JOSHI, J.) (J.P. DEVADHAR, J.)