1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. INCOME TAX APPEAL (LODG.) NO.2860 OF 2009 The Commissioner of Income Tax-18 ..Appellant. Vs. Opera Clothing ..Respondent. .... Mr. D.K. Kamwal for the Appellant. Mr. V.S. Hadade for the Respondent. ..... CORAM : DR.D.Y.CHANDRACHUD & J.P.DEVADHAR, JJ. 5th February, 2010. P.C. : The office objections are waived. The registry is directed to number the Appeal. Admit. The following substantial question of law is raised in the Appeal by the revenue : Whether on the facts and in the circumstances of the case and in “ law Hon ble Tribunal erred is legally right in upholding the order ’ of the CIT(A) directing the Assessing Officer to allow deduction u/s. 80-IB of the Income Tax Act, 1961, in respect of Income from Duty Draw Back of Rs.89,30,418/- and DEPB of Rs.71,48,930/- earned the Respondent -assessee?” Counsel appearing on behalf of the revenue and counsel appearing on behalf of the assessee are agreed in stating before the Court that the issue 2 which arises in the Appeal is covered against the assessee by the judgment of the Supreme Court in Liberty India v. CIT (2009) 317 ITR 218(SC). In the – circumstances, the Appeal is allowed and the question of law is answered in terms of the judgment of the Supreme Court in Liberty India. (Dr. D.Y.Chandrachud, J.) (J.P. Devadhar, J.)