IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 379 OF 2001 Mandhana Exports Pvt.Ltd. ... Appellant. V/s. The Asst.Commissioner of Income-tax. ... Respondent. P.J.Pardiwala, senior counsel with Atul K. Jasani for the appellant. J.S.Saluja for the respondent. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 3rd November 2009. P.C. : Heard learned counsel for the appellant and learned counsel for the respondent. Perused appeal. 2. This appeal was admitted vide order dated 26th July, 2004 to consider the following substantial question of law: Whether on the facts and in the circumstances of the case the Tribunal was justified in law in holding that the Assessing Officer rightly allowed depreciation though not claimed before computing the income for the purposes of deduction under Section 80HHC and 80I of the Act? 3. It is needless to mention that vide order dated 19th December, 2008, this appeal was ordered to be treated as de-part heard since same question was referred to the larger Bench and appeal was to be heard after decision of the larger Bench. Learned counsel appearing for both parties agree that the aforesaid question of law is covered by the Full Bench judgment of this Court dated 16th October, 2009 delivered in ITXA No.1282/2007 in the case of Plastiblends India Limited v. Additional Commissioner of Income Tax & Anr; the question has been answered in the following words: “49. In the result, we answer the question referred to us set out at para 1 above in the affirmative, that is, for the purposes of deduction under Chapter VIA, the gross total income has to be computed inter alia by deducting the deductions allowable under section 30 to 43D of the Act, including depreciation allowable under section 32 of the Act, even though the assessee has computed the total income under Chapter IV by disclaiming the current depreciation.” 4. In the above view of the matter, question stands answered in favour of the revenue and against the assessee. Appeal stands disposed of in terms of this order with no order as to costs. (J.P.DEVADHAR, J.) (V.C.DAGA J.)