Construction companies in ancillary manufacturing can claim S. 80HH & 80I deduction

Deduction u/s 80HH of the Act in respect of profit and gains from newly established industrial undertaking in backward areas would be given subject to fulfillment of certain conditions as provided in sub section (2) of the said provision. In the case in hand it is not the case of the AO that the assessee is not entitled for deduction because it is not fulfilling conditions mentioned in subsection (2) but the case of the AO is that the assessee is primarily engaged in the business of construction and lying of railways track / line and hence it is not entitled for deduction of u/s 80 HH & 80...