Judgment :- K. A. THANIKKACHALAM J. In compliance with the direction of this court, dated April 6, 1983, the Tribunal referred the following three questions for the opinion of this court under section 256(2) of the Income-tax Act, 1961, hereinafter referred to as the "Act", for the assessment year 1971-72. "1. Whether, on the facts and in the circumstances of the case and having regard to the provisions of section 80J(4) of the Income-tax Act, 1961, the Appellate Tribunal was right in holding that the assessee is entitled to relief under section 80J in respect of its seed processing unit ? 2. Whether, on the facts and in the circumstances of the case and having regard to the provisions of section 80J(4)(iii) of the Income-tax Act, the Appellate Tribunal was right in holding that the assessee is entitled to relief under section 80J in respect of its cattle feed unit ? 3. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the assessee is entitled to higher rate of depreciation and development rebate in respect of items of plant and machinery, which came into contact with corrosive chemicals ?" In so far as question No. 1 is concerned, it relates to relief under section 80J in respect of the seed processing unit. A similar question came up for consideration before this court in the case of the same assessee in T. C. Nos. 742 of 1982 and 301 to 303 of 1983 (CIT v. E. I. D. Parry (India) Ltd. wherein this court, by judgment dated March 29, 1995, held that the seed processing unit is entitled to relief under section 80J of the Act. Accordingly, we hold that there is no infirmity in the order passed by the Tribunal in the assessment year under consideration in granting relief under section 80J of the Act in respect of the seed processing unit, Accordingly, we answer this question (question No. 1) referred to us in the affirmative and against the DepartmentIn so far as question No. 2 is concerned, it relates to relief under section 80J in respect of the cattle feed unit. This issue also came up for consideration before this court in the case of the same assessee in the assessment years 1972-73 to 1974-75 in T. C. Nos. This issue also came up for consideration before this court in the case of the same assessee in the assessment years 1972-73 to 1974-75 in T. C. Nos. 742 of 1982 and 301 to 303 of 1983 (CIT v. E. I. D. Parry (India) Ltd. judgment dated March 29, 1995) wherein this court held that inasmuch as no material was available on record in the matter to show what is the manufacturing activity or processing activity which the assessee is indulging in producing the cattle feed. In order to verify this aspect, we directed the Tribunal in the earlier assessment year [to consider] the facts arising on this aspect and decide the issue accordingly. Since the same is arising in the present assessment year under consideration and since the facts are not available on record to show as to what is the manufacturing activity or processing activity which the assessee is doing in producing the cattle feed, we consider that in accordance with the order passed by this court in respect of the earlier years in the case of the same assessee, the proper course would be to remit back this issue also to the Tribunal for reconsideration on the merits. Accordingly, we do so. Thus we are returning question No. 2 unanswered In so far as question No. 3 is concerned, it relates to higher rate of depreciation and development rebate in respect of items of plant and machinery which come into contact with corrosive chemicals. The assessee is also manufacturing sugar. The assessee claimed that the machinery involved for that purpose came into contact with corrosive chemicals and, therefore, a higher rate of depreciation and development rebate were admissible under entry B(7) in item (ii), Special Rates under the head "III-Machinery and Plant" in Appendix I, Part I, of the Income-tax Rules, 1962, which reads "Machinery and plant coming into contact with corrosive chemicals". The assessee had filed before the Appellate Assistant Commissioner a statement giving the names of corrosive substances and the items of equipment of the assessee in the sugar mill, which were subject to corrosive action. The Appellate Assistant Commissioner accepted the claim of the assessee that the said substances were chemicals, which corroded the machinery and hence allowed depreciation and development rebate at the higher rate. The Appellate Assistant Commissioner accepted the claim of the assessee that the said substances were chemicals, which corroded the machinery and hence allowed depreciation and development rebate at the higher rate. Aggrieved, the Revenue preferred an appeal before the Appellate Tribunal, but did not dispute the finding of fact given by the Appellate Assistant Commissioner that there were several chemical substances used in the manufacture of sugar, which itself is a chemical and that such substances did, in fact, corrode the machinery. The Revenue pleaded that the depreciation at the higher rate should not be allowed under the entry referred to above. According to the Tribunal, since the Revenue did not dispute that the machinery in the sugar factory came into contact with corrosive chemicals, it upheld the view taken by the Appellate Assistant Commissioner. The Tribunal also noted that the Revenue had not appealed against the allowance of similar claim for the preceding assessment year 1970-71 by the Appellate Assistant CommissionerBefore us, learned standing counsel appearing for the Department submitted that the assessee is not entitled to higher depreciation since the machinery used in the said factory is not coming into contact with corrosive materials. Reliance was placed upon the decision of the Punjab and Haryana High Court in CIT v. Saraswati Industrial Syndicate Ltd. wherein the Punjab and Haryana High Court held that the filtered sugarcane juice which comes into contact with the machines before it is converted into crystallised sugar cannot be said to be a corrosive chemical. Therefore, the Tribunal was not right in holding that the words "corrosive chemicals" employed in entry (ii)(B)(7) of Para. III of Pt. I of Appendix I to the Income-tax rules, 1962, contemplated not only free chemicals but also non-free chemicals of corrosive effect. This decision was rendered after referring to the decision in CIT v. Saraswati Industrial Syndicate Ltd. Reliance was also placed upon the decision of the Andhra Pradesh High Court in K. C. P. Ltd. v. CIT wherein the assessee claimed higher depreciation at 15 per cent. in accordance with section 32 read with Income-tax Rules, 1962, Appendix I, Part I, entry III(ii) B, item 7. Here also the assessee was carrying on business in manufacture of sugar. in accordance with section 32 read with Income-tax Rules, 1962, Appendix I, Part I, entry III(ii) B, item 7. Here also the assessee was carrying on business in manufacture of sugar. While considering the request made by the assessee, the Andhra Pradesh High Court held that the nature of the corrosive chemicals involved and how, in the process of manufacturing, the plant and machinery came into contact with those corrosive chemicals should have been explained precisely by the assessee. At no stage of the proceeding, did the assessee place before the income-tax authorities the relevant details to appreciate the contention that corrosive chemicals came into contact with the assessee's plant and machinery during the course of manufacture of sugar. The finding of the Income-tax Officer was categorical that the assessee's plant and machinery was not coming into contact with any corrosive chemicals and it was also the finding of the Tribunal. This finding was a finding of fact and no question of law aroseLearned standing counsel for the Department also brought to our notice the decision of the Madhya Pradesh High Court in Gwalior Sugar Co. (P.) Ltd. v. CIT wherein the Madhya Pradesh High Court held that though the machinery used in the manufacture of sugar came into contact with molasses, which contains iron, lead and copper ; iron, lead and copper are not corrosive chemicals and hence the machinery used in the manufacture of sugar is not entitled to the higher rate of depreciation. The Madhya Pradesh High Court followed the decision in rendered by the Punjab and Haryana High Court in the case of CIT v. Saraswati Industrial Syndicate Ltd In this context, learned counsel appearing for the assessee relied upon the decision of the Delhi High Court in CIT v. Bharat Commerce and Industry Ltd. According to the facts arising in that case the assessee claimed higher depreciation at 15 per cent. since the machinery used in the manufacture of synthetic yarn are coming into contact with corrosive materials. While answering the question raised on this aspect, the Delhi High Court held that the decision on this aspect depends upon the facts arising in each case with regard to the machinery coming into contact with corrosive materials. since the machinery used in the manufacture of synthetic yarn are coming into contact with corrosive materials. While answering the question raised on this aspect, the Delhi High Court held that the decision on this aspect depends upon the facts arising in each case with regard to the machinery coming into contact with corrosive materials. According to the Delhi High Court once the machinery is coming into contact with corrosive material, the assessee is entitled to the higher rate of depreciation Learned counsel appearing for the assessee also relied upon the decision of the Karnataka High Court in Kodiyal Foods and Fats Pvt. Ltd. v. CIT wherein the Karnataka High Court allowed higher depreciation since the machinery is coming into contact with corrosive materials. The assessee who processed fish, fish meal and fish oil claimed depreciation at 15 per cent. on machinery used in its business on the ground that it came into contact with corrosive chemicals. A certificate/report of the Assistant Professor of Chemical Engineering, who certified that the machinery in question came into contact with the corrosive chemical, viz., sodium chloride, and further that the factory was situated on a sea-shore, causing severe atmospheric corrosion to the entire plant and machinery. This certificate was accepted by the High Court while answering the question whether the assessee is entitled to higher depreciation since the machinery is coming into contact with sodium chloride (common salt) in favour of the assesseeA combined reading of the decisions produced before us would go to show that in order to get higher depreciation of 15 per cent. under entry B(7) in item (ii), special rates, under the head "III-Machinery and Plant" in Appendix I, Part I, of the Income-tax Rules, 1962, the assessee must establish that the machinery used for manufacturing its products is coming into contact with corrosive materials. In the present case learned counsel appearing for the assessee submitted that the assessee has produced a list of chemicals coming into contact with machinery used in the production of sugar. After verifying these facts, the Appellate Assistant Commissioner held that the assessee is entitled to higher depreciation. It was also pointed out that in the earlier years in the case of the same assessee, this finding was accepted by the Appellate Assistant Commissioner. After verifying these facts, the Appellate Assistant Commissioner held that the assessee is entitled to higher depreciation. It was also pointed out that in the earlier years in the case of the same assessee, this finding was accepted by the Appellate Assistant Commissioner. For these reasons it was submitted that the assessee satisfied on facts that the machinery used in the manufacture of sugar came into contact with corrosive materials. The list showing the chemicals used in the manufacture of sugar produced before the Appellate Assistant Commissioner was not made available before us. It is also not known as to what are the items of machinery which came into contact with the kind of corrosive materials. In the absence of these particulars, we consider that the proper course would be to direct the Tribunal to verify this aspect and allow higher depreciation if the machinery used by the assessee for manufacturing sugar came into contact with corrosive materials. Accordingly we do so. The Tribunal is directed to verify this aspect and grant relief if the assessee satisfied on facts that its machinery came into contact with corrosive chemicals. In that view of the matter, this question is also returned unansweredQuestion No. 3 also deals with grant of higher development rebate by the Tribunal. According to the Tribunal, the assessee is entitled to higher development rebate, as per the Fifth Schedule read with section 33(1)(b)(B)(i) of the Act. We also heard learned counsel appearing for the assessee, who submitted that after furnishing proper materials on this aspect and after verifying the same, the authorities below and the Tribunal allowed higher development rebate. But before us no material is available on record to verify whether the assessee is entitled to higher development rebate. It is not known as to what are the items of industrial machinery that were used by the assessee in the assessment year under consideration for grant of higher development rebate. In such circumstances, we are unable to answer the question relating to this aspect one way or the other. Accordingly, we direct the Tribunal to ascertain the facts on this aspect and decide the same in accordance with law after hearing learned counsel appearing for the assessee. Therefore, on this aspect also we are not providing any answer to question No. 3. Accordingly, the same is returned unanswered. No costs.