Indian Poultry vs Commissioner of Income Tax

By the Court:

The three questions which the High Court answered against the assessee read thus :

"(i) Whether, on facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessee, being not an industrial undertaking, it is not entitled to deduction u/s 80-I of the Income Tax Act, 1961 ?

(ii) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessee is not entitled to deduction u/s 80HH and 80-I of the Income Tax Act, 1961, as an industrial undertaking ?

(iii) Whether, on facts and in the circumstances of the case, the Tribunal was right in law in not following the decision of Hon'ble Andhra Pradesh High Court in the case of Commissioner of Income Tax Vs. Sri Venkateswara Hatcheries (P) Ltd., which was favourable to the assessee, particularly when there was no decision of jurisdictional High Court on the point at issue?"

It is not in dispute that the case is covered against the assessee by the judgment of this court in Commissioner of Income Tax, Bangalore Vs. Venkateswara Hatcheries (P) Ltd. etc. etc., . The further point that was made by the assessee was that it not only reared the chicken but also dressed them for sale in the market and, therefore, a process of manufacture was carried out. But it appears that there was no material laid before the Tribunal in this behalf. It is, therefore, not possible to conclude in the present matter that the dressing of poultry is tantamount to manufacture.

The appeal is dismissed.

No order as to costs.