The Commissioner Of Income Tax – 21, Mumbai v. M/S. Precision Exports

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 4118 OF 2010 The Commissioner of Income Tax – 21, Mumbai ..... Appellant Vs. M/s. Precision Exports ..... Respondent Ms.Suchitra Kamble for the Appellant. None for the Respondent. CORAM : DR.D.Y.CHANDRACHUD &R.D. DHANUKA, JJ. DATE : APRIL 25, 2012 P.C.: This Appeal arises from a decision of the Income tax Appellate Tribunal dated 21 November 2007. The Assessment Year to which the appeal relates is 2003 – 04. The Appeal raises the following question of law : Whether on the facts and in the circumstances of the case, the Hon’ble Tribunal was right in law in confirming the order of the Ld. CIT(A) in directing to allow deduction u/s. 80HHC without reducing deduction u/s 80IB disregarding the fact that by virtue of sec.80A(9) double deduction is barred under Chapter VIA of the I T Act? 2.The Learned Counsel appearing on behalf of the Revenue states that the question of law is governed in favour of the assessee and against the revenue by the decision of this Court in the case of Associated Capsules P. Ltd. vs. Deputy Commissioner of Income-Tax and others[1]. 3.In view of this, no substantial question of law will arise in the Appeal and the Appeal is accordingly dismissed. No order as to costs. DR.D.Y.CHANDRACHUD, J. R.D. DHANUKA, J.