1 itxa151-10 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.151 OF 2010 CMI FPE Limited (Formerly known as Flat Products Equipments (I) Limited) ..Appellant. Versus The Commissioner of Income Tax, Central IV ..Respondent. Mr.Jitu Motwani with Mr.Jas Sanghavi i/by PDS Legal for the appellant. Mr.B.M. Chatterjee with Ms.Anamika Malhotra for the respondent. CORAM : J.P. Devadhar & Mrs.Mridula Bhatkar, JJ. DATE : 11th January, 2011. P.C. : 1. This appeal was admitted on 11th March 2010 on the following substantial question of law. “Whether on the facts and in the circumstances of the case and in law, the Tribunal was right in holding that the deduction of profit and gains allowed under Section 80-IA/80-IB ohad to be deducted from the profits and gains of the Appellant’s business on which deduction under Section 80HHC of the Act had to be computed ? 2. Learned counsel on both the sides state that the aforesaid question of law has 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 itxa151-10 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.)