1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. INCOME TAX APPEAL NO.1970 OF 2009 The Commissioner of Income Tax-20. ...Appellant. Vs. M/s.Mysore Apparel Co. ...Respondent. .... Mr.Suresh Kumar for the Appellant. Mr. S.J. Mehta for the Respondent. ..... CORAM : DR.D.Y.CHANDRACHUD AND J.P.DEVADHAR, JJ. January 18, 2010. P.C. : The appeal was admitted on the following substantial question of law: “ Whether, on the facts and in the circumstances of the case and in law, the Tribunal was right in holding that the duty draw back is profit or gain derived from an industrial undertaking and, therefore, eligible deduction under Section 80-IB?” The question, which is formulated, is covered against the assessee and in favour of the Revenue by the judgment in Liberty India vs. CIT, (2009) 317 ITR 218 (SC). The question shall accordingly stand answered in favour of the Revenue, in terms of the aforesaid judgment of the Supreme Court. The appeal is 2 accordingly allowed. There shall be no order as to costs. ( Dr.D.Y.Chandrachud, J.) ( J.P.Devadhar, J.)