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Issues involved:
The judgment involves the interpretation of u/s 256(1) of the Income-tax Act, 1961, regarding the eligibility of an assessee engaged in processing marine products and meat for deduction u/s 80HH for the assessment year 1982-83. Issue 1 - Manufacturing or Production for Deduction u/s 80HH: The assessee processes marine products, freezes them, and packs them for export, along with processing raw beef through various methods. The Income-tax Officer allowed the deduction u/s 80HH, which was challenged by the Commissioner u/s 263. The Appellate Tribunal upheld the claim, leading to a reference by the Revenue. The Revenue relied on a Supreme Court decision regarding the concept of "manufacture" involving consumption and production of a new article. However, the High Court emphasized that section 80HH aims to benefit new industries in backward areas, and previous judgments have interpreted processing activities like peeling, freezing, and export of shrimps as production eligible for the deduction. The Court held that the assessee's activities qualify as manufacturing or production under section 80HH, thus allowing the deduction. Issue 2 - Processing of Raw Beef as Manufacturing: The Revenue argued that the processing of raw beef by the assessee did not constitute manufacturing or production under section 80HH. The Court referred to previous cases where activities like blending ore during loading were considered as processing, falling within the scope of production. The Court concluded that the assessee's processes, including cleaning, trimming, and packing meat for export, qualify as manufacturing or production under section 80HH. Therefore, the questions referred were answered in favor of the assessee, allowing the deduction u/s 80HH. Separate Judgment: No separate judgment was delivered by the judges in this case.
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