Itxa/3389/2010 Of The Commissioner Of Income Tax -20 Mumbai v. Aristo Exports

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.2963 OF 2009 The Commissioner of Income Tax ..Appellant. V/s. M/s. Aristo Exports ..Respondent. Ms. Suchitra Kamble for appellant.Mr. Ratan Kumar Samal for respondent. CORAM : DR. D.Y.CHANDRACHUD AND J.P.DEVADHAR, JJ. P.C. :- DATED : 4TH FEBRUARY, 2010 1.The office objections are overruled. Registry is directed to register the appeal. 2.The following questions of law arise in the appeal filed by the revenue against the judgment of ITAT dated 23rd June, 2009, pertaining to assessment year 2001-02 :- 1.Whether on the facts and circumstances of the case and in law, the ITAT is justified in holding that assessee is entitled to deduction in respect of duty drawback of Rs.12,50.261/- for deduction under section 80IB in spite of recent order dated 31-8-2009 of Supreme Court in the case of Liberty India V/s. CIT that duty drawback / DEPB benefits do not form part of the net profit eligible for deduction u/s.80I/ 80IA/80IB of the Income Tax Act ?ITAT is justified in holding that assessee is entitled to deduction in respect of duty drawback of Rs.12,50.261/- for deduction under section 80IB in spite of recent order dated 31-8-2009 of Supreme Court in the case of Liberty India V/s. CIT that duty drawback / DEPB benefits do not form part of the net profit eligible for deduction u/s.80I/ 80IA/80IB of the Income Tax Act ? 2.Whether on the facts and circumstances of the case and in law, the ITAT is justified in ignoring that the nexus between the expressions income derived from the income attributable to industrial activities needs to be established for determining the duty drawback and cannot be held to be profits & gains derived from industrial undertaking and hence not entitled for deduction under section 80IB ?ITAT is justified in ignoring that the nexus between the expressions income derived from the income attributable to industrial activities needs to be established for determining the duty drawback and cannot be held to be profits & gains derived from industrial undertaking and hence not entitled for deduction under section 80IB ? 2.It is conceded before us by learned counsel appearing on behalf of the assessee that the question is covered against the assessee and in favour of the revenue by the judgment of the Supreme Court in Liberty India V/s. Commissioner of Income Tax[(2009) 317 ITR 218 (SC)]. In the circumstances, the appeal shall stand allowed and the question answered in favour of the revenue in terms of the judgment in Liberty India (supra). The appeal is disposed of accordingly. (J.P.DEVADHAR, J.) (DR. D.Y.CHANDRACHUD, J.)