Oxford Mouldings v. The Asstt. Commissioner Of Income Tax, Circle-20(2

IN THE HIGH COURT OF JUDICATURE AT BOMBAYO. O. C. J. INCOME TAX APPEAL NO.305 OF 2009 Oxford Mouldings. ... Appellant. Vs. The Asstt. Commissioner of Income Tax, Circle-20(2). ...Respondent. ..... Mr.Sameer G. Dalal for the Appellant.Mr.Suresh Kumar for the Respondent. .... CORAM : DR. D.Y.CHANDRACHUD &J.P. DEVADHAR, JJ. 18[th] January, 2010. P.C.: The appeal was admitted on the following substantial questions of law : “(i) Whether on the facts and circumstances of the case and in law, the Tribunal erred in confirming the action of the respondent whereby the respondent thrusted depreciation while computing deduction under section 80IA of the Act? -(ii) Whether, on the facts and in law, the Tribunal is right in holding that the deduction under Chapter VI-A has to be allowed only after allowing the depreciation under section 32 of the Act, which has not been claimed in the return of income?” Counsel appearing on behalf of the Assessee states that the aforesaid questions are covered against the assessee by the judgment of the Full Bench in Plastiblends India Ltd. vs. ACIT, (2009) 318 ITR 352. In view thereof, the question of law shall stand answered against the assessee in terms of the judgment of the Full Bench in the case of Plastiblends India (supra). The appeal shall stand dismissed. There shall be no order as to costs. ( Dr.D.Y.Chandrachud, J.) ( J.P.Devadhar, J.)