- (1.) THE Tribunal, Allahabad, has referred the following question of law under s. 256(1) of the IT Act, 1961 (hereinafter referred to as 'the Act') for opinion to this Court : "Whether on the facts and in the circumstances of the case, the Tribunal was in law, justified in holding that the assessee is entitled to deduction under ss. 80J and 80HH of the IT Act, 1961 -
(2.) THE reference relates to the asst. yr. 1982 -83. The respondent is engaged in the business of construction activities.
(3.) WE have heard Sri Shambhoo Chopra, the learned standing counsel for the Revenue. In view of the decision of the apex Court in the case of CIT vs. N.C. Budharaja and Co. (1993) 114 CTR (SC) 420 : (1993) 204 ITR 412 (SC) any activity of construction does not amount to manufacture nor any article is produced in it, therefore it is not an industrial undertaking, consequently the deduction under ss. 80J and 80HH of the Act was not admissible.;