COMMISSIONER OF INCOME TAX Vs. BEE PEE POULTRIES

JUDGEMENT

(1.) FOLLOWING question has been referred for opinion of this Court by the Tribunal, Chandigarh Bench, Chandigarh, arising "Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the poultry - farming was an industrial undertaking producing articles and things entitling the assessee to claim deduction under s. 80 -I -

(2.) FACTS noticed by the Tribunal are that the assessee derives income from poultry business. In the course of the assessment proceedings, it claimed deduction under s. 80 -I of the IT Act, 1961 ('the Act'), which came to be rejected by the AO on the ground that poultry -farming did not constitute an "industrial undertaking" which was a necessary prerequisite for claiming such a deduction. The decision of CIT(A) for asst. yr. 1989 -90 in the case of Shivalik Poultries, Mauli, was placed on record by the assessee to support its claim but this was not acceded to by the AO on the ground that the Department had filed second appeal to the Tribunal against the impugned order of CIT(A). On further appeal, however, the CIT(A) accepted the assessee's claim following in this connection the decision of the Chandigarh Bench of

(3.) WE have heard learned counsel for the parties and perused the record.