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. 53 OF 1998 TAX REFERENCE NO. 53 OF 1998 TAX REFERENCE NO. 53 OF 1998 The Commissioner of Income-tax. ... Applicant. V/s. Ajay Metachem Pvt.Ltd. ... Respondent. Ashok Kotangale with Parag Vyas for the applicant. P.V.Vaidya with S.N.Inamdar for the respondents. 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 : 4th October 2005. : 4th October 2005. : 4th October 2005. P.C. P.C. P.C. : : : ---- ---- ---- . By this reference under section 256(1) of the Income-tax Act, 1961, the Income Tax Appellate Tribunal has referred the following questions of law for the opinion of this Court: "Whether, on the facts and in the circumstances of the case, the Tribunal was justified and right in law in coming to the conclusion that the word ‘turnover’ for the purpose of computation of deduction u/s.80HCC should exclude the amount of sales-tax and Excise Duty?" . Learned counsel for the parties agreed that in view of the decision of this Court in the case of C.I.T. C.I.T. C.I.T. v. Sudarshan Chemicals Industries Ltd. v. Sudarshan Chemicals Industries Ltd. v. Sudarshan Chemicals Industries Ltd., (2000) 245 ITR 769, question referred to us has to be answered in the affirmative i.e. in favour of the assessee and against the revenue. . Reference stands disposed of with no order as to costs. (J.P.DEVADHAR, (J.P.DEVADHAR, (J.P.DEVADHAR, J.) J.) J.) (V.C.DAGA, (V.C.DAGA, (V.C.DAGA, J.) J.) J.)