:1: IN THE HIGH COURT OF BOMBAY AT GOA TAX APPEAL NO. 5 OF 2006 The Commissioner of Income Tax, Having office at Aayakar Bhavan Patto Plaza, Panaji Goa. ... Appellant V e r s u s M/s. Grand Organics Pvt. Ltd., Having Office at D-2/26, Bicholim Industrial Estate, Bicholim Goa. ... Respondent Mrs. Asha Dessai, Advocate for the appellant. None present for the respondent though served. CORAM : D. G. KARNIK, & F.M. REIS, JJ. DATED : 9 th SEPTEMBER, 2010. ORAL JUDGMENT ( Per D. G. KARNIK, J ) Heard the learned Counsel appearing for the appellant. None present for the respondent though served. By an order dated 3rd July, 2006, the appeal has been admitted as to the following substantial question of law : “ Whether on the facts and in the circumstances of the case the ITAT has erred in law by holding that the depreciation should not be allowed to the assessee while working out deduction under Section 80-IA of the Income Tax Act, 1961 ?” :2: 2. In our view, the matter is covered by the decision of the Full Bench of this Court in Plastiblends India Limited V/s Additional Commissioner of Income Tax and others, (2009) 318 ITR 352. In the said decision, the Full Bench after analysing the several decisions has held that the quantum of deduction allowable under Section 80-IA of the Income Tax Act has to be determined by computing the gross total income from the business, after taking into consideration all the deductions allowable under Sections 30 to 43D of the Act. Therefore, whether the assessee has claimed the deduction allowable under Sections 30 to 43D of the Act or not, the quantum of deduction under Section 80- IA has to be determined on the total income computed after deducting all deductions allowable under Sections 30 to 43D of the Act. In view of the decision of the full Bench, we answer the issue in the affirmative i.e. in favour of the revenue and against the assessee. Appeal is accordingly allowed. The impugned order of the ITAT is set aside and the order of the Commissioner of the Income Tax ( Appeals ) dated 14th February, 2001 is restored. D. G. KARNIK, J F.M. REIS, J at*