IN THE HIGH COURT OF JUDICIATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX REFERENCE NO.1170 OF 1998 The Commissioner of Income-tax, Kolhapur .. Applicant. V/s. Shri Fuel Instruments & Engg. Pvt.Ltd., Ichalkaranji .. Respondent. Mr.Parag Vyas with Mr.Ashok Kotangale & Mr.A.S. Rao for the applicant. Mr.Pramod Vaidya i/b. S.N. Inamdar for the respondent. CORAM : V.C. DAGA & J.P. DEVADHAR, JJ. DATED : 18TH OCTOBER, 2005. P.C. : 1. Heard the learned counsel for the applicant. The Tribunal has referred following question for the opinion of this Court reading as under :- Whether on the facts and in the circumstances of the case, the Tribunal was right and justified in law in coming to the conclusion that the word turnover for the purpose of computation of deduction u/s.80HHC should exclude the amount of sales tax and excise duty ? 2. Both the learned counsel for the parties fairly submits that the above question has already been answered by the Division Bench of this Court in the case of CIT V/s.Sudarshan Chemicals Ind.Ltd. [(2000) 245 ITR 769 (Bom)] in favour of the assessee and against the revenue. In this view of the matter, question stands answered in affirmative for the reasons stated in the case cited supra. Reference, accordingly stands disposed of with no order as to costs. *********