1 itxa5-11 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.5 OF 2011 The Commissioner of Income Tax – 21, Mumbai ..Appellant. Versus M/s.Unique Jewellery ..Respondent. Mr.Suresh Kumar for the appellant. Mr.Ajay R. Singh for the respondent. CORAM : J.P. Devadhar & A.R. Joshi, JJ. DATE : 16th November 2011 P.C. : 1. Whether the Income Tax Appellate Tribunal was justified in deleting the penalty levied under Section 271(1)(c) of the Income Tax Act, 1961 is the question raised in this appeal. 2. Admittedly, the appeal filed by the Revenue against the order of the Income Tax Appellate Tribunal deleting the quantum addition has been dismissed in default by this Court on 21st August 2008 and no steps have been taken to restore that appeal. Thus, the order of the Income Tax Appellate Tribunal deleting the quantum addition has attained finality. 3. In these circumstances, the decision of the Income Tax Appellate Tribunal in deleting the penalty levied under Section 271(1)(c) of the Income Tax Act, 1961 cannot be faulted. Accordingly, the appeal is dismissed with no order as to costs. (A.R. Joshi, J.) (J.P. Devadhar, J.)