Rajiv Shakdher, J.This is an appeal u/s 260A of the Income Tax Act (hereinafter referred to in short as the Act) preferred by the Revenue against judgment dated 19.1.2007 passed by the Income Tax Appellate Tribunal (hereinafter referred to in short as the Tribunal) in ITA No. 3905/Del/2004, in respect of, the assessment year 2001-02.

1.1 The issue in the appeal pertains to allowance of deduction u/s 80-IB of the on an income which, according to the Revenue, arose to the respondent/assessee from its industrial undertaking located in Agartala unit, due to refund of excise duty amounting to Rs. 24,87,81,499/- and not by way of a profit derived from any business of the said industrial undertaking.

2. The aforesaid issue had come up for consideration before the Tribunal in the preceding assessment year i.e., 2000-01 in ITA No. 4031/Del/2003. The Tribunal, by an order dated 31.1.2006 had dismissed the appeal of the Revenue.

The Tribunal, in assessment year, under consideration in the present appeal i.e., assessment year 2001-02, followed its own order passed in assessment year 2000-01. Resultantly, the Tribunal dismissed the appeal of the Revenue based on its order passed in the preceding year.

3. Against the order dated 31.1.2006 the Revenue had preferred an appeal being Appeal No. 1441/2006 to this Court. By an order passed today, in ITA No. 1441/2006, we have dismissed the appeal of the Revenue. Consequently, the present appeal is dismissed.