Paliwal Home Furnishings vs Commissioner Of Income Tax on 4 December, 2009

Income Tax Appeal No.424 of 2009                                    1

 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.



                                    Income Tax Appeal No.424 of 2009

                                    Date of Decision:- 4.12.2009


Paliwal Home Furnishings, Gohana Road, Panipat
                                                             ---Appellant

                                          Versus

Commissioner of Income Tax, Karnal
                                                             ---Respondent



CORAM:-     HON'BLE MR.JUSTICE SATISH KUMAR MITTAL
            HON'BLE MR.JUSTICE MEHINDER SINGH SULLAR



Present:-   Mr.Devinder Kumar, Advocate for the appellant.

SATISH KUMAR MITTAL, J. (ORAL)

The assessee has filed the instant appeal under section 260-A

of the Income Tax Act, 1961 against the order dated 24.10.2008 passed by

the Income Tax Appellate Tribunal, Delhi Bench (hereinafter referred to as

“the ITAT”) in ITA No.2266/Del/2008, in the case of assessee for the

Assessment Year 2003-2004, raising the following substantial questions of

law:-

I. Whether the Duty draw back received is an amount
derived and eligible for claim u/s 80IB?
II. Whether the Duty Entitlement Pass Book Scheme
received is an amount derived and eligible for claim u/s
80IB?

III.Whether on the true and correct interpretation of the
provisions of sec.80HHC r.w. section 80IA(9) r.w.
Section 80IB(13) the Tribunal has erred in restricting the
claim of deductions under the Act?

Learned counsel for the assessee very fairly concedes that all

the aforesaid substantial questions have already been decided against the
Income Tax Appeal No.424 of 2009 2

assessee by this Court in Liberty India v. Commissioner of Income Tax

(2007) 293 ITR 520, which has been affirmed by the Hon’ble Supreme

Court of India in Liberty India v. Commissioner of Income Tax (2009)

317 Income Tax Reports 218 (SC).

In view of above, this appeal is dismissed, as no substantial

question of law is arising from the impugned order.

                                                 (Satish Kumar Mittal)
                                                           Judge



                                                (Mehinder Singh Sullar)
4.12.2009                                                 Judge
AS