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2002 (10) TMI 43 - HC - Income TaxThe question referred to us, at the instance of the Revenue, for our consideration is, "Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in holding that the cash assistance, duty drawback and air subsidy should be treated as income 'derived from' the industrial undertaking and included in the business income for the purpose of deduction under section 80HH of the Income-tax Act, 1961 ?" - The distinction between "derived from" and "attributable to", which had been emphasised by the Supreme Court in the case of Cambay Electric Supply Industrial Co. Ltd. v. CIT, has been reiterated by the Supreme Court in its later ruling in the case of CIT v. Sterling Foods which reversed the decision of the Karnataka High Court (Sterling Foods v. CIT . The question referred to us is, therefore, answered in favour of the Revenue and against the assessee.
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