ORDER : These cases are covered by the decision of this Court in ACG Associated Capsules Private Ltd. (Formerly Associated Capsules Private Ltd.) v. Commissioner of Income Tax, Central IV, Mumbai [ (2012) 3 SCC 321 . Accordingly, the issue arising is answered in favour of the assessee and against the revenue. The appeals are allowed; order of the High Court is set aside and the matter is remanded to the Assessing Officer for a fresh consideration.