THE C.I.T.-II ASR. vs. M/S EMBROCIA FARMS PVT. LTD.
What did the High Court hold?
The High Court held that the substantial question of law arises from the Tribunal's decision to allow deductions under Sections 80J and 32A to the assessee engaged in poultry farming. The Court referred to the Supreme Court's decision in CIT v. Venkatshwara Hatcheries P Ltd (1999) 237 ITR 174, which held that poultry farming, fisheries, and dairy farming do not involve manufacturing or producing articles or things, and thus do not qualify as an industrial undertaking. Consequently, such activities are not entitled to investment allowance under Section 32A and special deduction under Section 80J. The High Court answered the substantial question of law in favour of the Revenue and against the assessee, stating that the assessee cannot be termed an industrial undertaking and is legally not entitled to the claimed deductions. The appeals were disposed of accordingly.
What were the facts?
The Revenue has filed two appeals against the orders of the Income Tax Appellate Tribunal for assessment years 1986-87 and 1987-88. The assessee, M/s Embrocia Farms Private Limited, engaged in poultry farming, claimed deductions under Sections 80J and 32A of the Income Tax Act, 1961. The Assessing Officer disallowed these claims, stating that poultry farming was not considered an industrial undertaking. The Commissioner of Income Tax (Appeals) allowed the deductions, holding the assessee to be an industrial unit. The Tribunal upheld the CIT(A)'s order. The Revenue's appeals are based on the substantial question of law regarding the eligibility of the assessee for these deductions.
What were the issues?
1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the assessee, which is running a poultry farm, is entitled to deductions under Sections 80J and 32A of the Income Tax Act, 1961? (Question of law) Assessee's Contentions: The judgment does not record any specific contentions made by the assessee before the High Court. However, the earlier orders indicate the assessee claimed deductions under Sections 80J and 32A, asserting its status as an industrial unit. Revenue's Contentions: The Revenue contended that the assessee, engaged in poultry farming, is not an industrial undertaking and therefore not entitled to deductions under Sections 80J and 32A. The Revenue relied on the principle that these activities do not involve manufacturing or producing articles or things.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
vide order 17.3.1993. dated The assessee challenged the said order by . preferring appeal
- ( ), The Commissioner of Income tax Appeals , [(
“
( ) ],
Amritsar for short the CIT A ” following the order of the -
,
Income tax Appellate Tribunal for the assessment years 1984-85 1985-86,
1994 and held vide order dated that -
, , the assessee company was an industrial unit and thus
.
entitled to claim deductions It accordingly issued a direction
- to the assessing officer to allow the claim of the assessee .
( ), respondent Aggrieved by the order of the CIT A the
-
Revenue carried appeal before the Income tax Appellate ,
, (
“
). Tribunal Amritsar Bench Amritsar for short the Tribunal”
The Tribunal dismissed the appeal vide order dated 18.12.2001. 4 -
. 127 2002 Income tax Appeal No of
We have heard learned counsel for the appellant
.
and have perused the case The question that arises for the
,
consideration of this Court in these appeals is whether the -
assessee respondent which was carrying on the business of
Poultry Farm can be said to have been manufacturing or
producing goods so as to be termed as an industrial
80- 32- undertaking under the provisions of Sections J and A
.
of the Act This matter is no longer
res integra.
The apex
Court in .
( ) . CIT v Venkatshwara Hatcheries P Ltd (1999) 237 174
ITR has held that such an assessee is not entitled
32-
to investment allowance under Section A and special
80
deduction under Section J are not allowable in respect of ,
poultry farming fisheries and dairy farming as they do not
, ,
manufacture or produce articles or things and thus are not ‘
. an industrial undertaking’
In view of the aforesaid comprehensible
,
- observations of the Supreme Court the assessee company
cannot be termed as an industrial undertaking and once that ,
is so it is legally not entitled to claim deductions referred to .
,
, above The substantial question of law noticed above is 5 -
. 127 2002 Income tax Appeal No of ,
therefore answered in favour of the Revenue and against the .
. assessee The appeals stand disposed of accordingly (
) AJAY KUMAR MITTAL JUDGE (
ADARSH KUMAR ) GOEL 14, 2010 July JUDGE * * rkmalik
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