C and M FARMING (P) LTD. vs DEPUTY COMMISSIONER OF INCOME TAX and Others

S. H. Kapadia, J.

Appeal admitted.

Mr. Desai waives service for respondent Nos. 1, 2 and 4.

Respondent No. 3 is deleted since he is not a necessary party to this appeal and no relief is claimed against him.

We have perused the order of the Tribunal dated 20-11-1998, and, in our view it is somewhat cryptic. The issue canvassed by the appellant before the Tribunal was that the appellant was carrying on, mainly, the activity of manufacturing or processing of goods so as to fall within the exclusion provided in sub-section (4) of section 104 of the Income Tax Act, 1961. The learned counsel for the appellant also cited before us the judgment in Commissioner of Income Tax Vs. Deejay Hatcheries, which was approved by the Supreme Court in Commissioner of Income Tax, Bangalore Vs. Venkateswara Hatcheries (P) Ltd. etc. etc., and other judgments. In our view, a detailed consideration of these judgments would be necessary in order to correctly decide the appeal of the appellant before the Tribunal.

We refrain from expressing our opinion on the controversies involved in the appeal. We set aside the impugned order of the Tribunal and remand Appeal ITA No. 2725/13/92 (pertaining to assessment year 1986-87) to the Tribunal for deciding it afresh in the light of what we have observed and after giving hearing to the parties.

Appeal is accordingly allowed in above terms with no order as to costs.