- (1.) Leave granted.
(2.) Two questions were proposed by the revenue for reference to the High Court for consideration. They read thus : 1. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the sale of eggs and birds by the assessee constitutes income of an industrial undertaking for the purpose of allowing deductions u/s. 80HH and 80-I of the Income-tax Act ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal has erred in law in treating the poultry sheds as Plant and allowing a higher rate of depreciation ? The High Court declined to order the reference and the revenue is in appeal.
(3.) The first question is now covered by the decision of this Court in CIT V/s. Venkateswara Hatcheries (P.) Ltd., 1999 237 ITR 1741. The second question may not be so covered. It is, therefore, appropriate to direct the Tribunal to refer both questions to the High Court. The High Court may answer the first in the manner stated above and consider the second question. Accordingly, the civil appeal is allowed. The order under appeal is set aside. The Tribunal shall now make a reference to the High Court of the two questions set out above. No order as to costs.;