1 itxa4171-09 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.4171 OF 2009 The Commissioner of Income Tax, Central I, Mumbai ..Appellant. Versus IPCA Laboratories Limited ..Respondent. Mr.J.S. Saluja for the appellant. Mr.F.V. Irani with Mr.Atul K. Jasani for the respondent. CORAM : J.P. Devadhar & R.M. Savant, JJ. DATE : 21st December, 2010. P.C. : 1. The re-framed question of law as framed by the Revenue in this Appeal, reads thus : “Whether on the facts and in the circumstances of the case and in law, the Tribunal was right in allowing the claim of the assessee u/s.80IB of the I.T. Act which was inclusive of the export incentive / DEPB and duty draw-back received by the assessee by following the decision of the Hon’ble High Court in Elteck’s SGS Private Limited in assessee’s own case of A.Y. 1998-99 ?” 2. Heard. Admit. 3. Counsel for the parties state that the aforesaid question is 2 itxa4171-09 covered in favour of the Revenue and against the assessee by the decision of the Apex Court in the case of Liberty India V/s. Commissioner of Income Tax reported in 317 ITR 218. Accordingly, the question is answered in favour of the Revenue and against the assessee. 4. The Appeal is accordingly disposed off with no order as to costs. (R.M. Savant, J.) (J.P. Devadhar, J.)