1 itxa1015-08 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1015 OF 2008 Phthalo Colours & Chemicals (I) Limited ..Appellant. Versus The Dy. C.I.T., Circle 2(2), Mumbai ..Respondent. Mr.Jitendra Jain i/by Kanga & Co. for the appellant. Mr.P.S. Sahadevan for the respondent. CORAM : J.P. Devadhar & Mrs.Mridula Bhatkar, JJ. DATE : 11th January, 2011. P.C. : 1. This appeal was admitted on 19th September 2008 on the following substantial question of law : a) Whether on the facts and in the circumstances of the case and in law the Tribunal erred in holding that in view of Section 80IA(9) of the Act, the deduction under Section 80IA ought to be deducted from the profit and gains of the business before computing the reliefs under Section 80HHC of the Act ? 2. Learned counsel on both the sides state that the aforesaid question of law have already been answered by this Court in the case of Associated Capsules Private Limited V/s. Dy. Commissioner of Income Tax (Income Tax Appeal No.3036 of 2010) decided on 10th January 2011 in 2 itxa1015-08 favour of the assessee and against the Revenue. 3. The Appeal is disposed off accordingly with a direction to the Tribunal to re-compute the deduction in the light of aforesaid decision of this Court. No order as to costs. (Mrs.Mridula Bhatkar, J.) (J.P. Devadhar, J.)