2008 (3) TMI 312 - HC - Income Tax

Deduction under section 80HHC could be allowed in respect of export of prerecorded audio and video cassettes together with the right of exploitation - Export of pre-recorded audio and video cassettes together with the right of exploitation, can be treated as a sale of goods or merchandise eligible for the purpose of deduction under section 80HHC

Summary

Issues:
1. Interpretation of deduction under section 80HHC for export of prerecorded audio and video cassettes with exploitation rights.
2. Determination of whether export of such cassettes qualifies as a sale of goods eligible for deduction under section 80HHC.

Interpretation of Deduction under Section 80HHC:
The tax case appeals under section 260A of the Income-tax Act, 1961, were filed against a common order dated April 27, 2007, regarding the claim of deduction under section 80HHC for the export of prerecorded audio and video cassettes along with exploitation rights. The court considered the substantial questions of law raised in the appeals, focusing on whether the Tribunal was correct in allowing the deduction for such exports. The appellant-Department acknowledged that previous decisions, including CIT v. R. Rajinikanth, CIT v. Superstar Music, and CIT v. V. C. Kuganathan, were unfavorable to the Revenue. After hearing the arguments and reviewing the mentioned judgments, the court concluded that no substantial questions of law necessitated intervention. Consequently, the appeals were dismissed, and no costs were awarded.

Qualification of Export as Sale of Goods for Deduction under Section 80HHC:
Another issue addressed in the judgment was whether the export of pre-recorded audio and video cassettes, along with exploitation rights, could be considered a sale of goods or merchandise eligible for deduction under section 80HHC. The court's decision, based on the precedents cited and the arguments presented, led to the dismissal of the appeals without any costs awarded. The judgment highlighted that the previous decisions had a significant impact on the outcome of the case, indicating that the issue was already settled in favor of the assessee. As a result, the appeals were deemed unwarranted, and the connected miscellaneous petitions were closed accordingly.

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