1993 (5) TMI 57

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....6. The previous year of the assessee ended on 31-3-1985. The assessee is a registered firm. It is an exporter in lemon grass oil and dried cocoa seeds. The assessee claimed deduction under section 80HHC on the entire export, turnover. According to the Assessing Officer dried cocoa seeds is an agricultural produce and as such export sale proceeds of the dried cocoa seeds cannot be considered for th....

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....process the character of the seed has not undergone any change either in its quality or in its nature or form. The so-called process is only done for the purpose of making agricultural produce fit to be taken to the market for sale/export. Since the nature, form and character of the seeds are the same even after the so-called process, they will come under agricultural produce only and as such the ....

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....mity in the order of the CIT(A). The learned Chartered Accountant brought before us the cocoa fruits, wet seeds and dried seeds. According to him the cocoa fruits are fleshy and the seeds are taken by opening the fruits. The wet seeds are obtained and dried for a week, which cannot be treated as a primary agricultural produce. "Agricultural income" is defined under section 2(1)(b)(ii) as "income f....