IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION INCOME INCOME INCOME TAX REFERENCE NO. 80 OF 1996 TAX REFERENCE NO. 80 OF 1996 TAX REFERENCE NO. 80 OF 1996 The Commissioner of Income-tax, Mumbai. ... Appellant. V/s. Prime Pack Container P.Ltd. ... Respondent. P.S.Sahadevan for the applicant. Atul Jassani for the respondent. CORAM CORAM CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. : V.C.DAGA AND J.P.DEVADHAR, JJ. : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED DATED DATED : 9th April 2009. : 9th April 2009. : 9th April 2009. P.C. P.C. P.C. : : : ---- ---- ---- . Heard learned counsel for the parties. 2. By this reference, the Tribunal is seeking opinion of this Court on following questions of law: "Whether on the facts and circumstances of the case, the Tribunal was right in law in directing to allow the deduction under section 80-I on the profit for the year without reducing the profit by the brought forward deficiency of investment allowance of the earlier years? 3. Both parties agree that the question referred in this reference is answered by the Supreme Court in the case of Synco Industries Ltd. v. Synco Industries Ltd. v. Synco Industries Ltd. v. Assessing Assessing Assessing Officer (I.T.), Officer (I.T.), Officer (I.T.), (2008) 299 ITR 444 (SC). In view of this, the question referred is answerd in the negative i.e. in favour of the Revenue and against the Assessee. (J.P.DEVADHAR, (J.P.DEVADHAR, (J.P.DEVADHAR, J.) J.) J.) (V.C.DAGA (V.C.DAGA (V.C.DAGA J.) J.) J.)