2011 (12) TMI 338

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..... d by the Revenue in this appeal read thus:-   "(a) Whether on the facts and in the circumstances of the case, the Tribunal erred in law in allowing deduction under s. 80-IB and under s. 10BA by holding that the undertaking, on which provisions under s. 80-IB and under s. 10BA of the IT Act, as the case may be apply, has manufactured or produced eligible articles or things ignoring the fact t .....

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..... ances of the case, the Tribunal erred in law in holding DEPB as a profit derived from export business for the purpose of computing deduction under s. 10BA ignoring the ratio of decision in the case of Liberty India vs. CIT (2009) 225 CTR (SC) 233 : (2009) 28 DTR (SC) 73 : (2009) 317 ITR 218 (SC) having binding force on facts and circumstances of the case.   2. The assessment year involved he .....

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..... berty India vs. CIT (2009) 225 CTR (SC) 233 : (2009) 28 DTR (SC) 73 : (2009) 317 ITR 218 (SC), the said decision has no relevance to the facts of the present case. In this view of the matter, the third question raised by the Revenue cannot be entertained.   5. In the result, we see no reason to entertain the appeal. Accordingly, the appeal is dismissed.  
Case laws, Decisions, Judge .....

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