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TMI Blog1989 (3) TMI 83X X X X Extracts X X X X X X X X Extracts X X X X ..... evenue, the Incometax Appellate Tribunal (in short "the Tribunal") has referred the following two questions of law for the decision of this court: "(1) Whether, on the facts and in the circumstances of the case, the assessee is entitled to investment allowance under section 32A on the plant freezer' ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal is right in law an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ied in the Ninth Schedule to the Income-tax Act (in short "the Act"). In appeal, the assessee relied on section 32A(2)(b)(iii) of the Income-tax Act and pleaded that in the light of the modified provision, which is applicable for the year 1978-79, the assessee may be allowed the deduction. The Appellate Assistant Commissioner accepted the said plea. He took the view that the amendment of section 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d on by the assessee, it should be considered to have been engaged in the production of an article. The Tribunal referred to the decision in CIT v. Marwell Sea Foods [1987] 166 ITR 624 (Ker) and held that the assessee must be considered to have been engaged in the production of an article and so the order of the Appellate Assistant Commissioner does not merit interference. Thereafter, on a motion ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is specified in the list in the Eleventh Schedule. In the light of the decision in Marwell Sea Foods' case [1987] 166 ITR 624 (Ker), the processing of prawns amounts to production of an article. If so, the deduction claimed directly falls within section 32A(2)(b)(iii) of the Act. The assessee is entitled to the deduction claimed by him. The Tribunal was justified in holding so. Therefore, we answ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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