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Issues involved:
The issue involves the taxability of central excise duty refund received by the assessee during the relevant previous year under section 41(1) of the Income-tax Act, 1961. Judgment Details: The High Court of Karnataka delivered a judgment on a reference made by the Income-tax Appellate Tribunal, Bangalore Bench regarding the taxability of central excise duty refund received by the assessee during the assessment year 1979-80. The assessee received a central excise duty refund of Rs. 1,96,958 on September 18, 1978. The Inspecting Assistant Commissioner brought this amount to tax, stating that the refund was not paid to customers, no agreement existed for the refund, and it was not shown in the books or profit and loss account. The assessee contended that the excise duty refund, not being profit, should not be included for tax purposes under section 41(1) of the Act. Additionally, the assessee argued that only the claimed refund of Rs. 11,474 should be considered for tax computation. The Commissioner of Income-tax (Appeals) referred to relevant decisions and upheld the taxability of the entire excise duty refund amount, dismissing the appeal. The Income-tax Appellate Tribunal also affirmed this decision, citing precedent that excise duty refund can be treated similarly to sales tax refund for tax purposes. Upon review, the High Court found merit in the Revenue's arguments, referencing previous judgments, and ruled in favor of the Revenue, holding that the central excise duty refund is taxable. The court relied on legal precedents, including the decision in CIT v. Kabbur Brothers [1981] 128 ITR 43, to support its conclusion. In conclusion, the High Court answered the reference question in the affirmative and in favor of the Revenue, affirming the taxability of the central excise duty refund received by the assessee.
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