1 IT APPEAL NO.4010-09 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.4010 OF 2009 The Commissioner of Income Tax-4 ..Appellant Vs. M/s. Mega Fine Pharma Private Limited ..Respondent Mr. P. S. Sahadevan i/b Ms Padma Divekar for the Appellant None for the Respondent CORAM : V C DAGA AND R M SAVANT, JJ. DATE : 20th September, 2010 P.C. 1 Heard the learned Counsel for the Appellant. None for the Respondent 2 Perused Appeal 3 The intimation evidencing service is taken on record. The question sought to be raised in the above Appeal reads thus: “(a) Whether on the facts and circumstances of the case and in law, the Hon’ble Tribunal had erred in allowing the appeal of assessee by holding that excise duty refund and export incentive are receipts derived from the business of the assesse. ?” 4 The above question is squarely covered by the Judgment of the Apex Court in favour of the revenue in case of Liberty India Vs. Commissioner of Income Tax reported in 317 ITR 218 (SC) . In the above view of the matter , the question of 2 IT APPEAL NO.4010-09 law is answered in favour of the Revenue and against the Respondent. 5 The Appeal is allowed with no order as to costs. [R.M.SAVANT, J] [V C DAGA, J]