1 itxa1110-08 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1110 OF 2008 Lekar Pharma Limited ..Appellant. Versus The Dy. C.I.T., Circle 6(3), Mumbai ..Respondent. Mr.S.J. Mehta 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 is right in holding that the profits and gains on which deduction to the extent of 30% is allowed under Section 80IA, the whole of the income of the industrial undertaking the profits of which are eligible for deduction under Section 80IA, has to be excluded for computing profits and gains under Section 80HHC of the Act in view of Section 80IA (9) ? 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 itxa1110-08 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.)