M/S.leben Laboratories Private Limited v. Dy. Commissioner Of Income Tax, Circle 6(3) & Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.507 OF 2007 M/s.Leben Laboratories Private Limited Versus Dy. Commissioner of Income Tax, Circle 6(3) & Another ..Appellant. ..Respondents. Mr.N. Joshi i/by Mr.Atul K. Jasani for the appellant.Mr.Suresh Kumar for the respondent. CORAM : J.P. Devadhar & Mrs.Mridula Bhatkar, JJ. P.C. : DATE : 28[th] February, 2011. 1.Heard. Admit on the following substantial question of law. “Whether on the facts and in the circumstances of the case, in computing deduction under Section 80HHC of the Act, the profit of the industrial undertaking on which deduction u/s.80IA has been allowed is required to be excluded in accordance with sub-section (9) to Section 80IA of the Act ?” 2.By consent the appeal is taken up for final hearing. Counsel for both the sides state that the above question of law has been answered by this Court in favour of the assessee and against the Revenue in the case of Associated Capsules (P.) Limited V/s. Deputy Commissioner of Income-tax, Central Circle 43, Mumbai reported in (2011) 197 Taxman 84 (Bom.). 3.Accordingly, the aforesaid question is answered in favour of the assessee and against the Revenue. The appeal is disposed off accordingly. No costs. (Mrs.Mridula Bhatkar, J.) (J.P. Devadhar, J.)