KTM INDIA vs. ACIT CIRCLE,
In the result, the appeal of the assessee is partly allowed
ITA 141/DEL/2008[2004-2005]Status: DisposedITAT Delhi04 Dec 2015AY 2004-2005
Bench: : Shri I.C. Sudhir & Shri L.P. Sahu
For Appellant: Dr. Rakesh Gupta &For Respondent: Richa Rastogi, Sr. DR
Section 29Section 80HSection 80I
…d from the business eligible for deduction u/s. 80IB. The ld. CIT(A) after following the decisions of Hon’ble Jurisdictional High Court of Punjab & Haryana in the cases of M/s. Nahar Exports Ltd. vs. CIT, 204 CTR 464 (P&H), M/s. Liberty India vs. CIT, Karnal, 207 CTR 243 and CIT vs. Five Star Rugs, 207 CTR 246, wherein the issue has been decided against the assessee. The ld. CIT(A) has finally concluded that income of the assessee from duty draw back / DEPB cannot be held to be income “derived from” specified business and therefore, the matter is 3 ITA No.141/Del./2008 covered by the judgment of Hon’ble Supreme…