1 ITXA6045-10.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ttm INCOME TAX APPEAL NO.6045 OF 2010 The Commissioner of Income Tax-8 .. Appellant Vs. Smt.Madhu Gupta .. Respondent. Mr.N.A.Kazi for the appellant Mr.Pankaj Toprani for the respondent CORAM : J.P. DEVADHAR & K.K. TATED, JJ. DATE : 12TH OCTOBER, 2011. P.C. 1. Whether in the facts and circumstances of the case, the ITAT was justified in deleting the penalty levied u/s.271(1)(c) of the I.T.Act, 1961 is the question raised in this appeal? 2. The ITAT has deleted the penalty on the erroneous assumption that the quantum addition has been deleted by the ITAT when in fact the assessee has accepted the quantum addition made by the Assessing Officer. In this view of the matter, by consent, the impugned order dt.31.3.2010 passed by the ITAT in ITA No.6144/Mum/05 relating to A.Y. 2000-2001 is quashed and set aside and the matter is restored to the file of the ITAT for fresh decision in accordance with law. 2 ITXA6045-10.doc 3. Appeal is disposed of accordingly. (K.K. TATED, J.) (J.P. DEVADHAR, J.)