Textile World v. Commissioner Of Income Tax, Karnal

IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH. I.T.A. No.482 of 2007Date of decision: 16.12.2008 Textile World. Vs. Commissioner of Income Tax, Karnal. -----Appellant -----Respondent CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOELHON'BLE MR JUSTICE L.N. MITTAL Present:-Mr. Pankaj Jain, Advocatefor the appellant.for the appellant. ----- ORDER: The assessee has preferred this appeal under Section260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Delhi Bench ‘I’, New Delhi in I.T.A.No.3970/DEL/2005 dated 6.6.2007 for the assessment year 2003-04,proposing to raise following questions of law:- “A. Whether Duty Draw back received is an amountderived and eligible for claim per section 28 (iiic)though the Customs and Central Excise DutiesDrawback Rules, 1971 stands repealed?derived and eligible for claim per section 28 (iiic)though the Customs and Central Excise DutiesDrawback Rules, 1971 stands repealed? B.Whether the Duty Entitlement Pass Book Schemereceived is an amount derived and eligible for claimper section 28 (iiid)?received is an amount derived and eligible for claimper section 28 (iiid)? C.Whether there can be an interpretation of the wordderived distinct from as laid in CIT Vs. Sterling Foods,derived distinct from as laid in CIT Vs. Sterling Foods, 237 (1999) ITR 579 (SC) being a broaderinterpretation per the judgments of State of BestBengal Vs. Anwar Ali, AIR 1952 (SC) 75 and thejudgment of Katikara Chintamani Dora Vs. GuntreddiAnna Manaidu, 1974 (1) SCC 567? D. Whether the action of the executive is sustainable indenying the claim of the Duty Draw back which ishaving direct nexus and being germane to thebusiness as per the judgement of Union of India Vs.Rajindra Dyeing and Printing Mills Ltd. 2005(180) ELT433 (SC), Sun Industries, 1988 (35) ELT 241 (SC)?denying the claim of the Duty Draw back which ishaving direct nexus and being germane to thebusiness as per the judgement of Union of India Vs.Rajindra Dyeing and Printing Mills Ltd. 2005(180) ELT433 (SC), Sun Industries, 1988 (35) ELT 241 (SC)? E. Whether the Duty Draw back received by theappellant is derived from an Industrial Undertaking perthe genesis of the word derived in its true sense andspirits?”appellant is derived from an Industrial Undertaking perthe genesis of the word derived in its true sense andspirits?” It is not disputed by the learned counsel for the assesseethat the matter is covered against the assessee by the order of thisCourt dated 16.10.2008 in I.T.A. No.100 of 2008Abhitex International v. Commissioner of Income Tax, Karnal. Accordingly, this appeal is dismissed. ( ADARSH KUMAR GOEL )JUDGE December 16, 2008ashwani ( L. N. MITTAL ) JUDGEJUDGE