Jashan Textile Mills Private Limited v. Dy. Commissioner Of Income Tax – 4(2), Mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.63 OF 2006 Jashan Textile Mills Private Limited VersusDy. Commissioner of Income Tax – 4(2), Mumbai ..Appellant. ..Respondent. Mr.Atul K. Jasani for the appellant.Mr.Vimal Gupta for the respondent. CORAM : J.P. Devadhar & Mrs.Mridula Bhatkar, JJ. P.C. : DATE : 11[th] January, 2011. 1.This appeal was admitted on 15[th] October 2008 on the following substantial question of law. “Whether on the facts and circumstances of the case and in law, the Tribunal was right in taking the view that the appellant was entitled to deduction under Section 80HHC of the Act on the total income after excluding the deduction available under Section 80IA of the Act ?” 2.Learned counsel on both the sides state that the aforesaid question of law has already been answered by this Court in the case of Associated Capsules Private Limited V/s. Dy. Commissioner of Income Tax (Income Tax Appeal No.3036 of 2010) decided on 10th January 2011 in favour of the assessee and against the Revenue. 3.The Appeal is disposed off accordingly with a direction to the Tribunal to re-compute the deduction in the light of aforesaid decision of this Court. No order as to costs. (Mrs.Mridula Bhatkar, J.) (J.P. Devadhar, J.)