LAWS(SC)-2007-11-120

COMMISSIONER OF INCOME TAX Vs. R. PRATHAP

Decided On November 29, 2007
COMMISSIONER OF INCOME TAX Appellant
V/S
R. Prathap Respondents

JUDGEMENT

(1.) THIS civil appeal is directed against the judgment of the Division Bench of the High Court of Kerala dated 9-6-2003 in ITA No. 240 of 2002.

(2.) THE short question which arises for determination in this civil appeal is as follows: "Whether on facts and circumstances of the case the assessee was entitled to claim deduction under Section 80-HH in respect of the profits derived by the assessee from processing of cashew in the factories owned by its sister concerns/outsiders?"

(3.) WE quote hereinbelow the said Section 80-HH(1):