1 itxa5521-10 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.5521 OF 2010 The Commissioner of Income Tax – 13, Mumbai ..Appellant. Versus Punit G. Makharia ..Respondent. Mr.Suresh Kumar for the appellant. CORAM : J.P. Devadhar & K.K. Tated, JJ. DATE : 13th October 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 (‘Act’ for short) on the basis of the additions made in the block assessment order passed under Section 158BC of the Act is the question raised in this appeal. 2. It is not in dispute that the block assessment order passed under Section 158BC of the Act has been quashed by the Income Tax Appellate tribunal and the appeal filed by the Revenue being Income Tax Appeal No. 2124 of 2009 has also been dismissed by this Court on 30th November 2009. 2 itxa5521-10 3. In this view of the matter, since the block assessment order passed under Section 158BC of the Act itself is quashed, the question of sustaining the penalty levied under Section 158BFA(2) of the Act on the basis of the additions made in the block assessment order passed under Section 158BC of the Act does not arise. The appeal is accordingly dismissed with no order as to costs. (K.K. Tated, J.) (J.P. Devadhar, J.)