The Commissioner Of Income Tax v. M/S Parle Plastics Ltd & Anr

IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 599 OF 2005INTAX APPEAL NO. 37 OF 2002 THE COMMISSIONER OF INCOME TAX Versus M/S PARLE PLASTICS LTD & ANR ... Applicant ... Respondents Mrs. Asha Dessai, Advocate for the Applicant.Mr. H. Rai with Mr. Sudin M. S. Usgaonkar, Advocates forRespondent No.1. -Coram:D. G. KARNIK &F. M. REIS, JJ.-Date:23rd August, 2010 23rd August, 2010 P.C. By an order dated 20th September, 2005, this Court had directedthat the Civil Application will be heard along with the Tax Appeal. The learned Counsel appearing for the parties however, submits thatthe Civil Application may be heard and decided first so that theparties can address us on the additional question of law, if any, thatmay be framed in pursuance to the Civil Application. Request isgranted. 2. After hearing the parties, we are of the view that additionalsubstantial question of law needs to be framed as below : " Whether in the facts and circumstances of the case, for the purpose of availing of allowable deduction under Section 80(IA) ofthe Income Tax Act,1961, the total income of the assessee is requiredto be computed by deducting allowable depreciation under Section 32even if the assessee had not claimed it ?" 3. Ordered accordingly. at* D. G. KARNIK, J. F. M. REIS, J.