1 itxa3443-10 sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.3443 OF 2010 The Commissioner of Income Tax-II ..Appellant. V/s. Shri Datta Nagari Sah, Pat Sanstha Maryadit ..Respondent. Mr. Vimal Gupta for the appellant. Mr. Mihir Naniwadekar for the respondent. CORAM : J.P. DEVADHAR AND SMT. R.P.SONDURBALDOTA JJ. DATED : 29TH JUNE, 2011 P.C. :- 1. In this case, the penalty levied under Section 271E of the Income Tax Act, 1961 has been deleted by the ITAT by relying upon the judgment of this Court in the case of The Commissioner of Income Tax V/s. Bandhkam Khate Sevakanchi Sahakari Patsanstha Maryadit [Income Tax Appeal No.156 of 2009] dated 18th March, 2009. No case is made out to take a contrary view. Hence we see no reason to entertain this appeal. Accordingly, the appeal is dismissed with no order as to costs. (SMT. R.P.SONDURBALDOTA, J.) (J.P. DEVADHAR, J.)