IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. I.T.A. No.482 of 2007 Date of decision: 16.12.2008 Textile World. -----Appellant Vs. Commissioner of Income Tax, Karnal. -----Respondent CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL HON'BLE MR JUSTICE L.N. MITTAL Present:- Mr. Pankaj Jain, Advocate for the appellant. ----- ORDER: The assessee has preferred this appeal under Section 260A 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 amount derived and eligible for claim per section 28 (iiic) though the Customs and Central Excise Duties Drawback Rules, 1971 stands repealed? B. Whether the Duty Entitlement Pass Book Scheme received is an amount derived and eligible for claim per section 28 (iiid)? C. Whether there can be an interpretation of the word derived distinct from as laid in CIT Vs. Sterling Foods, I.T.A. No.482 of 2007 237 (1999) ITR 579 (SC) being a broader interpretation per the judgments of State of Best Bengal Vs. Anwar Ali, AIR 1952 (SC) 75 and the judgment of Katikara Chintamani Dora Vs. Guntreddi Anna Manaidu, 1974 (1) SCC 567? D. Whether the action of the executive is sustainable in denying the claim of the Duty Draw back which is having direct nexus and being germane to the business as per the judgement of Union of India Vs. Rajindra Dyeing and Printing Mills Ltd. 2005(180) ELT 433 (SC), Sun Industries, 1988 (35) ELT 241 (SC)? E. Whether the Duty Draw back received by the appellant is derived from an Industrial Undertaking per the genesis of the word derived in its true sense and spirits?” It is not disputed by the learned counsel for the assessee that the matter is covered against the assessee by the order of this Court dated 16.10.2008 in I.T.A. No.100 of 2008 Abhitex International v. Commissioner of Income Tax, Karnal. Accordingly, this appeal is dismissed. ( ADARSH KUMAR GOEL ) JUDGE December 16, 2008 ( L. N. MITTAL ) ashwani JUDGE 2