2006 (3) TMI 85 - HC - Income Tax

Deduction under section 80J - assessee started business from July 31, 1978, after acquisition of trawlers and it carried on operation for two months. During the year ending on September 30, 1978, which would be relevant for the year 1979-80, the assessee was catching fish in the high seas and selling it. On September 30,1979, it commissioned freezing and cold storage plant and also started export of fish and fish products after processing the caught fish. - Whether, Tribunal was justified in upholding the order of the Commissioner of Income-tax (Appeals) that the assessee-company is to be treated as an industrial undertaking for the purpose of deduction under section 80J of the Income-tax Act, 1961? - we answer the reference in favour of the Revenue and against the assessee

Summary

Issues:
1. Whether the assessee qualifies as an industrial undertaking for deduction under section 80J of the Income-tax Act, 1961?

Analysis:
The case involved a dispute regarding the eligibility of an assessee to be treated as an industrial undertaking for the purpose of claiming a deduction under section 80J of the Income-tax Act, 1961. The assessee had engaged in fishing activities, catching fish and selling them without subjecting the catches to any processing activities initially. Subsequently, the assessee started processing, cleaning, and freezing the fish before sale. The key question was whether these activities amounted to manufacturing or producing articles as required under section 80J(4)(iii) of the Act.

The court examined the activities carried out by the assessee, as detailed by the Fishing Engineer, which included setting the net, sorting, cleaning, and storing the caught fish. The court concluded that these activities did not constitute manufacturing of a new product distinct from the fish as commonly understood. The court referenced various judgments, including CIT v. Relish Foods, Golden Hind Shipping (India) P. Ltd. v. CIT, and CIT v. Ravi Ratna Exporters, to support its finding that the activities did not meet the criteria for being considered manufacturing.

Additionally, the court discussed the judgment in CIT v. Kola Cartoons P. Ltd., where the Kerala High Court's decision in CIT v. Marwell Sea Foods was referenced. However, the court noted that the Supreme Court did not expressly approve the views expressed by the Kerala High Court in that judgment. The court emphasized that the activities of the assessee did not align with the definition of manufacturing or production required for availing the deduction under section 80J of the Act.

Therefore, the court ruled in favor of the Revenue and against the assessee, holding that the assessee did not qualify as an industrial undertaking under section 80J(4)(iii) of the Income-tax Act, 1961.