Income-tax---

--Reference---Special deduction---Processing and export of shrimps-- Whether assessee entitled to benefit of Ss.80-HH & 80-I---Question of law arises---Income Tax Act, 1961, Ss. 80-HH, 80-I & 256.

Held, that whether the assessee engaged in the processing and export of shrimps was entitled to the benefit of sections 80-HH and 80-I of the Income Tax Act, 1961, was a question of law to be referred in the light of the Supreme Court decision in Delhi Cold Storage (Pvt.) Ltd. v. CIT (1991) 191 ITR 656.

CIT v. Poyilakkada Fisheries (Pvt.) Ltd. (1992) 197 ITR 85 (Ker.) and Delhi Cold Storage (Pvt.) Ltd. v. CIT (1991) 191 ITR 656 (SC) ref.

P.K.R. Menon, Senior Advocate and N.R.K. Nair for Petitioner.

P. Balachandran for Respondent.

JUDGMENT

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 80-HH 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 order, 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 CIT v. Poyilakkada Fisheries (Pvt.) Ltd. (1992) 197 ITR 85 has held that the processing of fish amounted to production of articles and consequently the assessee would be entitled to special deduction under section 80-J 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. v. CIT (1991) 191 ITR 656.

Accordingly, the Income-tax Appellate Tribunal, Cochin Bench, is directed to raise the question of law quoted hereinbefore and forward the same under section 256(2) of the Income Tax Act, 1961, alongwith 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.

M.B.A./1295/FC Order accordingly.