1 itxa5987-10 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.5987 OF 2010 The Commissioner of Income Tax – 13, Mumbai ..Appellant. Versus Shri Gautam Makharia, Mumbai ..Respondent. Mr.Ravindra A. Lokhande for the appellant. None for the respondent. CORAM : J.P. Devadhar & A.R. Joshi, JJ. DATE : 8th November 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 is the question raised in this appeal. 2. Counsel for the Revenue states that the appeal filed by the Revenue against the decision of the Income Tax Appellate Tribunal deleting the quantum addition has been dismissed by this Court, being Income Tax Appeal No.4630 of 2010 decided on 30th August 2010. 3. Since the quantum addition deleted by the Income Tax Appellate Tribunal has been confirmed by this Court, decision of the Income tax Appellate Tribunal in deleting the penalty levied under Section 158BFA (2) of the Income Tax Act, 1961 cannot be faulted. The appeal is accordingly dismissed with no order as to costs. (A.R. Joshi, J.) (J.P. Devadhar, J.)