RAJ OVERSEASE Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE assessee has preferred this appeal under s. 260A of the IT Act, 1961 (in short, 'the Act') against the order of the questions of law : "1. Whether the duty drawback received by the appellant is derived from an industrial undertaking per the genesis of the word derived in its true sense and spirits ?

(2.) WHETHER the duty drawback received is an amount derived eligible for claim as per s. 28(iiic) though the Customs and Central Excise Duties Drawback Rules, 1971 stands repealed ?

(3.) WHETHER there can be an interpretation of the word 'derived' distinct from as laid in CIT vs. Sterling Foods (1999) 153 CTR (SC) 439 : (1999) 237 ITR 579 (SC) being a broader interpretation per the judgment of State of West Bengal vs. Anwar Ali AIR 1952 (SC) 75 and the judgment of Katikara Chintarnani Dora vs. Guntreddi Anna Manaidu, 1974 (1) SCC 567 ?