1 itxa3632-09 sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.3632 OF 2009 The Commissioner of Income Tax ..Appellant. V/s. M/s. Esjay International P. Ltd. ..Respondent. Mr. Vimal Gupta with Ms. Padma Divakar for appellant. Mr. A.K. Jasani for respondent. CORAM : J.P. DEVADHAR AND R.M. SAVANT, JJ. DATED : 22ND NOVEMBER, 2010 P.C. :- 1. Heard learned counsel for the parties. The appeal is admitted on the following question of law:- " Whether on the facts and in the circumstances of the case, the Tribunal is justified in law in holding that Duty drawback of Rs.2.51 crores and other export incentives of Rs.9.54 lac are eligible for deduction u/s.80IA of the Act, even though the same are not in the nature of income derived from industrial undertakings ? " 2. Counsel on both sides state that the aforesaid question is 2 itxa3632-09 answered by an earlier decision of the Apex Court in the case of Liberty India V/s. CIT reported in (2009) 317 ITR 218 (SC). In the light of the aforesaid decision of the Apex Court, the question raised in this appeal is answered in favour of the revenue and against the assessee. The appeal is disposed of accordingly with no order as to costs. (R.M. SAVANT, J.) (J.P. DEVADHAR, J.)