1 itxa617-07 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.617 OF 2007 M/s.Mega Fine Pharma Private Limited, Mumbai ..Appellant. Versus Income-tax Officer, Ward 4(2)(4), Mumbai & Another ..Respondents. Mr.P.K. Shivram with Mr.Paras Savla for the appellant. Mr.Vimal Gupta for the respondent. CORAM : J.P. Devadhar & Mrs.Mridula Bhatkar, JJ. DATE : 11th January, 2011. P.C. : 1. This appeal was admitted on 24th September 2008 on the following substantial questions of law : a) Whether the deduction as computed under Section 80IB should be reduced from the eligible profit and gains of business before deduction under Section 80HHC can be computed ? b) Whether Section 80HHC is a separate code within itself and deduction is to be mandatorily worked out as per the provisions of Section 80HHC itself and that nothing contained in clause (9) of Section 80IA can be read to amend the provisions of Section 80HHC ? c) Whether the Appellate Tribunal is justified in law in relying upon the ratio of the co-ordinate bench in the case of Leben Laboratories Limited V/s. DCIT (I.T.A. No.2850/Mum/04, dated 29th September, 2006) without confronting the Appellant with the same ? 2 itxa617-07 2. Learned counsel on both the sides state that the aforesaid questions 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 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.)