Badar Durrez Ahmed, J (ORAL);—

These appeals by the revenue arise out of the common order dated 22.06.2012 passed by the Income Tax Appellant Tribunal in ITA No.4076/Del/2011 and 4073/Del/2011 pertaining to the assessment years 2003-04 and 2004-05.

2. In both these matters the question is with regard to penalties under section 271(1)(c) of the Income Tax Act, 1961. In respect of the assessment year 2003-04 the penalty imposed by the assessing officer was Rs. 15.4 lakhs whereas in respect of the assessment year 2004-05 the penalty amount was Rs. 9.30 lakhs. In both the cases the penalty was imposed because of the reason that the deduction claimed under section 80-IB by the respondent-assessee was ultimately allowed at a lower level. We may take the case of the assessment year 2003-04. Initially, the assessee had claimed deduction under section 80-IB of Rs. 2,52,41,632/-. However, subsequently the respondent-assessee filed a revised return in which he claimed an enhanced deduction under section 80-IB of Rs. 2,67,48,176/-. In the penalty proceedings the computation with regard to the deduction under section 80-IB has ultimately been taken at Rs. 2,52,41,632/-, which is the sam