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Section 80J of the Income-tax Act, 1961 - Deductions - Profits and gains from new industrial undertaking, ships or hotels etc. - Assessment year 1979-80 - Whether processing of fish, freezing same and allied activities would amount to production of articles, and, therefore, assessee engaged in such activities would be entitled to deduction under section 80J - Held, yes FACTS The assessee-company was engaged in the purchase and export of processed fish and selling the same. Processing of fish, freezing the same and allied activities were carried on. The assessee claimed deduction under section 80J on the ground that it was an industrial company. The ITO negatived the claim. On appeal, the AAC upheld the claim of the assessee. On revenue's appeal, the Tribunal affirmed the order of the AAC. The Tribunal also rejected the reference application filed by the revenue. On application under section 256(2). HELD In view of decision of this Court in CIT v. Marwell Sea Foods [1987] 166 ITR 624, it was to be held that the Tribunal was justified in allowing deduction under section 80J. No referable question of law arose from the Tribunal's order. Note : The case was decided in favour of the assessee. CASE REFERRED TO CIT v. Marwell Sea Foods [1987] 166 ITR 624 (Ker.). P.K. Ravindranatha Menon and N.R.K. Nair for the Petitioner. P. Balachandran and Sudhir Gopi for the Respondent. JUDGMENT K.S. Paripoornan, J.- The Revenue is the petitioner herein. The respondent herein is an assessee to income-tax. We are concerned with the assessment year 1979-80. The assessee-company is engaged in the purchase and export of processed fish and selling the same. Processing of fish, freezing the same and allied activities are carried on. It is also a dealer in diesel and other lubricants. The assessee put forward the plea that it is entitled to deduction under section 80J of the Income-tax Act, 1961, on the ground that it is an industrial company. The Income-tax Officer, by order dated August 30, 1982, negatived the said plea. In appeal, the Appellate Assistant Commissioner, by order dated March 19, 1983, upheld the plea of the assessee. In second appeal,…

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