Itr Page 42 (Associated Capsules P. Ltd v. Deputy

ASN IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.2009 OF 2011 ACG Associated Capsules Private Limited...Appellant.v.Deputy Commissioner of Income Tax...Respondent. ..Respondent. Mr. Atul K. Jasani for the Appellant. Mr. Suresh Kumar for the Respondent. CORAM : J.P. DEVADHAR AND M.S. SANKLECHA, JJ. DATE : 17TH JANUARY, 2013 PC: In this appeal for assessment year 2002-03 the appellant-assessee has formulated the following question of law for consideration by this Court. Whether the profits eligible for deduction under section 80HHC of the Act can be reduced by the amount of deduction allowed under section 80-IB of the Act? ASN2/2 2)The Advocates for the appellant as well as the respondent state that the aforesaid question stands concluded by the decision of this Court in assessee's own case reported in 332 ITR Page 42 (Associated Capsules P. Ltd. v. Deputy Commissioner of Income Tax and another). 3)In view of the decision in appellant-assessee's own case (supra) the question of law as framed is answered in the negative in favour of the assessee and against the respondent- revenue. 4)The appeal is disposed of in the above terms. (M.S.SANKELCHA, J.) (J.P. DEVADHAR, J.)