Judgment

V.N. Khare, J.-Leave granted.

2. In this group of civil appeals and special leave petitions the main question that arises for consideration is whether the business of hatchery run by the assessee comes within the meaning of the expres­sion “manufacture or produce articles or things” occurring in Section 32A(2) and Section 88J of the Income Tax Act (hereinafter referred to as `the Act’). The further question to be decided is whether the assessee is an `industrial undertaking’. The appeals excepting Civil Appeal No. 2596 of 1997 are directed against the judgments of Andhra Pradesh and Karnataka High Courts whereby the two High Courts following the decision in the case of Commissioner of Income-tax v. Sri Venkateswara Hatcheries (P) Ltd.1 rejected the applications of the Revenue filed under Section 256(2) Act holding that the business of hatchery comes within the meaning of the expression “an industrial undertaking producing articles or things” and in one case answered the questions in favour of assessee. Whereas in Civil Appeal No. 2596/97, the Bombay High Court has rejected the application of the assessee under Section 256(2) of the Act following the decision in the