Madras High Court
Commissioner Of Income-Tax vs George Maino Exports (P.) Ltd. on 29 April, 1998
Equivalent citations: [2001]250ITR445(MAD)
JUDGMENT N.V. Balasubramanian, J.
1. The question of law referred at the instance of the Revenue in so far as it relates to the assessment of the income of the assessee for the assessment year 1980-81 under Section 256(1) of the Income-tax Act reads as under :
"Whether, on the facts and in the circumstances of the case, the asses-see is entitled to relief under Section 32A and deduction under Section 80HH of the Income-tax Act, 1961, in respect of its income from the processing of shrimps for export ?"
2. The issue that arises in the tax case is whether the assessee is entitled to claim relief under Section 32A as well as deduction under Section 80HH of the Act in respect of the processing of shrimps for exports on the basis that processing of shrimps would amount to manufacture. This court in the asses-see's own case in T. C. Nos. 369 and 370 of 1987 by judgment dated April 28, 1998 (CIT v. George Maijo ), following the decision of the Supreme Court in Sterling Foods v. State of Karnataka has held that the processing of shrimps would not amount to manufacture of the goods and it is not disputed by learned counsel appearing for the parties that the said judgment in T. C. Nos. 369 and 570 of 1987 (see ) would govern the facts of the present case as well.
3. Following the said judgment of this court in T. C. Nos. 369 and 370 of 1987, dated April 28, 1998 (CIT v. George Maijo ), the question of law referred to us is answered in the negative and in favour of the Revenue. However, in the circumstances, there will be no order as to costs.