1 itxal58.11.sxw IN THE HIGH COURT OF JDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO. 58 OF 2011 The Commissioner of Income Tax-I ...Appellant. Vs. Chhatrapati Nashik Jhila Nagri Sahakari Pat Sanstha Ltd. ..Respondent. Mr.Vimal Gupta for the Appellant. Mr. Mihir Naniwadekar for the Respondent. CORAM : J.P. DEVADHAR AND A.A. SAYED, JJ. DATE : 8TH JULY, 2011. P.C. 1. Whether the ITAT was justified in deleting the penalty levied under section 271E of the Income Tax Act, 1961 is the question raised in this appeal. 2. The Tribunal in para 4 of its order has elaborately considered the facts and has held that in the facts of the present case, it is not a fit case for imposition of penalty under section 271E of the Income Tax Act 1961. The 2 itxal58.11.sxw decision of the Tribunal is based on facts. 3. We see no reason to interfere in this appeal. The appeal is dismissed with no order as to costs. ( A.A. SAYED, J. ) ( J.P. DEVADHAR , J.)