Law: Income Tax Act, 1961

Section: 256

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. 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…

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