1996 (11) TMI 30

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tax Act at the instance of the assessee and the following questions 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, o....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... the unit, the assessee invested substantial amount in building, 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 ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....it to say that the process which is involved in development of chicks 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 decisi....