Commissioner of Income Tax vs Poyilakada Fisheries (P.) Ltd. (No. 1)

V.V. Kamat, J.—After hearing learned senior counsel for the Revenue and learned counsel for the assessee-respondent, we feel that the direction for making a reference is necessary, The question is as follows :

"Whether, on the facts, and in the circumstances of the case, the assessee, engaged in the processing and export of shrimps, is entitled to the benefit of Sections 80HH and 80-I of the Income Tax Act, 1961 ?"

Learned senior counsel has brought to our notice identical questions in Original Petition No. 2428 of 1988 as well as in Original Petition No. 6377 of 1991, having been already referred by this court by orders dated July 14, 1994, and July 21, 1994. In answer to this learned counsel for the assessee urges that with regard to this very assessee, Messrs. Poyilakkada Fisheries Pvt. Ltd., this court in Commissioner of Income Tax Vs. Poyilakkada Fisheries Pvt. Ltd., has held that the processing of fish amounted to production of articles and consequently the assessee would be entitled to special deduction u/s 80J of the Income Tax Act. Seeing the said judgment, we find that at the time when the judgment came to be delivered the position was governed by decisions which require reconsideration in the light of the decision of the Supreme Court in Delhi Cold Storage Pvt. Ltd. Vs. Commissioner of Income Tax, New Delhi,

Accordingly, the Income Tax Appellate Tribunal, Cochin Bench, is directed to raise the question of law quoted hereinbefore and forward the same u/s 256(2) of the Income Tax Act, 1961, along with the statement of case and all relevant documents.

A copy of this judgment under the seal of this court and the signature of the Registrar shall be sent to the Income Tax Appellate Tribunal, Cochin Bench, for passing consequential orders.