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Issues:
1. Interpretation of sections 32A, 80HH, and 80-I of the Income-tax Act, 1961 regarding relief entitlement for industrial undertakings. Analysis: The judgment involves an income-tax reference under section 256(1) of the Income-tax Act, 1961, where the Tribunal referred three questions for the court's opinion. The first issue pertains to whether the units established by the assessee at various locations were industrial undertakings entitled to relief under section 32A. The second issue questions the entitlement of the assessee to relief under section 80HH for units in backward areas. The third issue concerns the eligibility of units established by the assessee for relief under section 80-I. The assessee, engaged in manufacturing and supplying plant equipment and construction activities, claimed relief under these sections, which was initially disallowed by the Assessing Officer. Upon appeal, the Commissioner of Income-tax (Appeals) allowed the relief following a precedent set by the Income-tax Appellate Tribunal. Subsequently, the Tribunal upheld the decision of the Commissioner of Income-tax (Appeals), prompting the Department to appeal. However, before a decision was reached, the Supreme Court pronounced a distinction between civil construction and industrial production, clarifying the eligibility for tax benefits under sections 32A, 80HH, and 80-I. The Supreme Court's ruling highlighted that industrial production or manufacture qualifies for benefits, while civil construction does not. As the distinction was not considered in the present case, the High Court remanded the case back to the Tribunal to reevaluate the matter in light of the Supreme Court's decision in CIT v. N. C. Budharaja and Co. [1993] 204 ITR 412. Consequently, the High Court did not provide a direct answer to the three questions but instructed the Tribunal to reconsider the issue based on the Supreme Court's ruling.
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