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TMI Blog2007 (1) TMI 74X X X X Extracts X X X X X X X X Extracts X X X X ..... (Appeals) Nos. 2691 & 2692 of 2006 - - - Dated:- 2-1-2007 - JUDGMENT The judgment of the court was delivered by P.D.DINAKARAN, J. 1. The above tax case appeals are directed against the common order of the Income-tax Appellate Tribunal in I.T.A. No.1629 and 1628/Mds/2002 dated May 12, 2006. 2. The Revenue is the appellant. During the relevant assessment years, viz., 1994-95 and 1998 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Whether in the facts and circumstances of the case, the Tribunal was right in treating the transfer of the right to exhibit the films, as a sale of goods or merchandise for the purpose of deduction under section 80HHC ? 2. Whether in the facts and circumstances of the case, a transaction for transfer of exploitation rights, entered into in India can be eligible for the benefit of sec.80HHC onl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of positive print is nothing but sale of goods or merchandise, held that the assessee therein had satisfied the conditions contemplated under Section 80HHC of the Act and hence, entitled for the deduction under Section 80HHC of the Act. 5. In view of the above settled proposition of law, we do not see any merit in the above tax case appeals and hence, the same are dismissed. No costs. Cons ..... X X X X Extracts X X X X X X X X Extracts X X X X
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