- (1.) The three questions which the High Court answered against the assessee read thus : "(i) Whether on 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 u/S. 80-I of the Income-tax Act, 1961 (ii) Whether on facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessee is not entitled to deduction u/Ss. 80-HH and 80-I of the Income-tax Act, 1961, as an Industrial Undertaking (iii) Whether on facts and in the circumstances of the case, the Tribunal was right in law in not following the decision of Hon'ble Andhra Pradesh High Court in the case of Venkateshwara Hatchery P. Ltd., reported in (1988) 174 ITR 231 : (1988 Tax LR 1666) which was favourable to the assessee, particularly when there was no decision of jurisdictional High Court on the point at issue -
(2.) It is not in dispute that the case is covered against the assessee by the judgment of this Court in C.I.T. v. Venkateshwara Hatcheries (P) Ltd. (1999) 237 ITR 174 : (1999 AIR SCW 900 : AIR 1999 SC 1225 : 1999 Tax LR 407). The further point that was made by the assessee was that it not only reared the chicken but also dressed them for sale in the market and, therefore, a process of manufacture was carried out. But, it appears that there was no material laid before the Tribunal in this behalf. It is, therefore, not possible to conclude in the present matter that the dressing of poultry is tantamount to manufacture.
(3.) The appeal is dismissed.;