ORDER Leave granted. 2. In these civil appeals filed by the Department, the question which arises for determination is, whether the Courts below erred in cancelling the penalty levied under Section 271(1)(c) of the Income-tax Act, 1961, on the ground that no penalty could be levied when the assessed income is a loss? 3. In view of the judgment of this Court in the case of CIT v. Gold Coin Health Food (P.) Ltd. : [2008] 304 ITR 308/ 172 Taxman 386 we answer the question in favour of the Revenue. Accordingly, the civil appeals filed by the Department stand allowed with no order as to costs.