2010 (9) TMI 43

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.... The judgment of the court was delivered by 1. Adarsh Kumar Goel J.-This appeal has been preferred by the Revenue under section 260A of the Income-tax Act, 1961 (in short "the Act") against the order of the Income-tax Appellate Tribunal, Chandigarh Bench "A", Chandigarh (hereinafter referred to as "the Tribunal") passed in I. T. A. No. 622/CHANDI/2008 dated February 27, 2009 for the asses....

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....ase the hon'ble Income-tax Appellate Tribunal has erred in law in not holding the DEPB benefits do not form part of the net profits of eligible industrial undertaking for the purpose of section 80-IB ? 4. Whether on the facts and circumstances of the case the hon'ble Income-tax Appellate Tribunal has erred in not following the decision of the hon'ble Punjab and Haryana High Court in the case of....

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....e ground that part of sales of the assessee were to an export house which has no relevance to the question of deduction under section 80-IB. The income derived from export incentive was not eligible for deduction under section 80-IB, not being income derived from the industrial undertaking as held by the hon'ble Supreme Court in CIT v. Sterling Foods [1999] 237 ITR 579 and this court in Libe....