1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. INCOME TAX APPEAL NO.1013 OF 2008 The Commissioner of Income Tax-24 ..Appellant. Vs. M/s. Shah Originals ..Respondent. ..... Ms. Suchitra Kamble for the Appellant. Mr. Vipul B. Joshi with Mr. Sameer G. Dalal for the Respondent. .... CORAM : DR. D.Y.CHANDRACHUD & J.P. DEVADHAR, JJ. 22 April, 2010. P.C.: 1. The Appeal filed by the Revenue under Section 260-A of the Income Tax Act, 1961 has been admitted on the following question of law : “(a) Whether on the facts and circumstances of the case and in law, the Hon’ble Tribunal was right in holding that the receipts in the nature of duty draw back DEPB Credit is to be considered as derived from industrial undertaking and accordingly restrict the deduction u/s. 80IB?” 2 2. The aforesaid question is covered against the assessee and in favour of the Revenue by the judgment of the Supreme Court in Liberty India v. Commissioner of Income Tax1 and is answered accordingly. The appeal filed by the Revenue is allowed in the aforesaid terms. There shall be no order as to costs. (Dr. D.Y.Chandrachud, J.) (J.P. Devadhar, J.) 1 (2009) 317 ITR 218 (SC)