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Section 80J of the Income-tax Act, 1961 - Deductions - Profit and gains from new industrial undertakings, ships or hotels, etc. - Assessment years 1976-77 and 1978-79 - Whether in view of decision in CIT v. Marwell Sea Foods [1987] 166 ITR 624 (Ker.), processing of prawns would amount to production of articles, and therefore, assessee-company would be an industrial undertaking for purpose of section 80J - Held, yes Note : The case was decided in favour of the assessee. CASES REFERRED TO Marwell Sea Foods' case [1987] 166 ITR 624 (Ker.) P.K.R. Menon and N.R.K. Nair for the Applicant. P. Balachandran and Sudhir Gopi for the Respondent. JUDGMENT K.S. Paripoornan, J.-At the instance of the Revenue, the Income-tax Appellate Tribunal (in short, "the Tribunal") has referred the following question of law for the decision of this court in the above two referred cases: "Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in upholding the order of the Commissioner of Income-tax (Appeals) who held that the entire business of the assessee was eligible for allowance under, section 80J" The common respondent in the two referred cases is an assessee to income-tax. We are concerned with the assessment years 1976-77 and 1978-79. The sole question that arises for consideration is whether the respondent assessee is eligible for the allowance under section 80J of the Income-tax Act. The assessing authority negatived the relief under section 80J of the Act. In appeal, the Commissioner of Income-tax (Appeals), following his own earlier decision, held that the assessee is entitled to relief under section 80J of the Act. In the appeals preferred by the Revenue, the Tribunal held that an identical issue was considered in detail in the assessee's own case for the assessment year 1977-78 by the Tribunal in I.T.A. No. 35 (Coch)/82 (order dated May 12, 1985), and, in the light of the above decision of the Tribunal, the assessee is entitled to the relief under section 80J of the Act. It is thereafter at the instance of the Revenue that the question of law, formulated hereinabove, has been referred for the decision of this court. We heard counsel. The…

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