1 ITXA730-11.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ttm INCOME TAX APPEAL NO.730 OF 2011 The Commissioner of Income Tax-14 .. Appellant Vs. M/s.Hanumandas Madanlal .. Respondent. Mr.D.K.Kamwal for the appellant Mr.Pankaj Toprani for the respondent CORAM : J.P. DEVADHAR & K.K. TATED, JJ. DATE : 5TH OCTOBER, 2011. P.C. 1. Heard. Admit on the following question of law: “Whether on the facts and in the circumstances of the case and in law the ITAT is legally right in holding that the entire amount received on sale of DEPB entitlement does not represent profit chargeable u/s.28(iiid) of the Income Tax Act, 1961?” 2. The counsel for the parties state that the above question is covered in favour of the Revenue by the decision of this court in the case of CIT vs. Kalpataru Colours & Chemicals reported in (2010) 328 ITR 451(Bom). Accordingly, appeal is allowed by answering the question in favour of the Revenue and against the assessee. (K.K. TATED, J.) (J.P. DEVADHAR, J.)