COMMISSIONER OF INCOME TAX vs POYILAKADA FISHERIES (P) LTD.

V. V. KAMAT, J. :

After hearing the learned senior counsel for the Revenue and the 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 s. 80HH and 80I of the IT Act, 1961 ?"

The learned senior counsel has brought to our notice identical question in Original Petn. 2428/88 as well as in Original Petn. 6377/91, having been already referred by this Court by orders dt. 14th July, 1994 and 21st July, 1994. In answer to this, learned counsel for the assessee urges that with regard to this very assessee M/s 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 under s. 80J of the IT 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 Tribunal, Cochin Bench, is directed to raise the question of law quoted hereinbefore and forward the same under s. 256(2) of the IT Act, 1961, along with the statement of case and all relevant documents.