1996 (11) TMI 30

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..... estions of law have been referred by the Tribunal for answer by this court : "(i) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessee, being not an industrial undertaking, it is not entitled to deduction under section 80-I of the Income-tax Act, 1961? (ii) Whether, on the facts and in the circumstances of the case, the Tribunal .....

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..... plant, machinery and equipment, etc. The unit was also granted subsidy by the State Government. The assessee's business was rearing of chicks to broilers, a saleable product, by applying scientific process and technology. The assessee claimed deduction under sections 80HH and 80-I of the Income-tax Act in the return filed by it. The assessee, for the purposes of getting benefit under sections 80H .....

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..... icks into broilers is nothing but basically the chicks remain chicks only. There is no substantial change so as to acquire new commercial identity. Chicks are smaller ones and when they are reared for some time, they develop suitably for table purposes. Therefore, there is no change of the substance. In this connection, two decisions of the Supreme Court of America may be referred to : (1) East .....

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