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march 1999

Supreme Court of India · 1999-03-24

COMMR. OF INCOME TAX, BANGALORE vs VENKATESHWARA HATCHERIES

Citation / case number
SC 1995/7608
Court
Supreme Court of India
Petitioner
COMMR. OF INCOME TAX, BANGALORE
Respondent
VENKATESHWARA HATCHERIES
Author
S.P.BHARUCHA,V.N.KHARE,A.P.MISRA
Bench
S.P.BHARUCHA,V.N.KHARE,A.P.MISRA

Judgment text excerpt

The Supreme Court examined whether the business of hatchery falls under the definitions of 'manufacture or produce articles or things' as per Section 32A(2) and Section 88J of the Income Tax Act. The Court held that the hatching of eggs constitutes production, thereby qualifying the hatchery as an industrial undertaking eligible for development allowance and deductions under Sections 43A, 80HH, 80HHA, 80I, and 80J. The judgments of the Andhra Pradesh and Karnataka High Courts were upheld, affirming the assessee's claims against the Revenue's contentions.

COMMR. OF INCOME TAX, BANGALORE vs VENKATESHWARA HATCHERIES · Niyam