TMI Blog2013 (8) TMI 1000X X X X Extracts X X X X X X X X Extracts X X X X ..... receipt of duty drawback to the extent of actual expenses should be allowed. In support of this contention the learned AR relied on some order passed by the Ahmedabad Bench of the Tribunal. We are unable to accept this contention in view of the direct judgment of the Hon’ble Supreme Court in Liberty India v. CIT [2009 (8) TMI 63 - SUPREME COURT ] in which it has been held that duty drawback / DEPB are not derived from industrial undertaking and hence no deduction is available u/ss 80-I, 80-IA and 80-IB. Denial of deduction u/s 80-IB on interest income on subsidy received under the Textile Upgradation Fund - Held that:- The authorities below did not allow deduction u/s 80-IB on subsidy received under TUF. We are convinced with the view p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... claimed that the assessee missed to lodge claim for deduction in the computation of total income. The Assessing Officer refused the claim by relying on the decision of the Hon ble Supreme Court in Goetz India v. CIT [284 ITR 323] by assigning the reason that since revised return was not filed, this claim was not entertainable. The learned CIT(A) upheld the assessment order on this issue. 3. After considering the rival submissions and perusing the relevant material on record, we find that there is no bar on the appellate authorities in considering a claim made by the assessee otherwise than by filing a revised return. This position is abundantly clear from the afore-noted judgment itself wherein it has been categorically mentioned that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ticed that the Tribunal in assessee s own case has denied similar deduction on DEPB in the past. This position was fairly admitted by the learned AR as well. However it was argued that the receipt of duty drawback to the extent of actual expenses should be allowed. In support of this contention the learned AR relied on some order passed by the Ahmedabad Bench of the Tribunal. We are unable to accept this contention in view of the direct judgment of the Hon ble Supreme Court in Liberty India v. CIT [(2009) 317 ITR 218 (SC)] in which it has been held that duty drawback / DEPB are not derived from industrial undertaking and hence no deduction is available u/ss 80-I, 80-IA and 80-IB. Moreover similar view has been expressed by the Tribunal in a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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