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2014 (11) TMI 975 - ITAT CHANDIGARHExemption under section 10B denied - Held that:- Transfer of right to use the software in media form, i.e., in the form of compact disc etc., was held to be sale of goods. The hon'ble Supreme Court in the case of CIT v. B. Suresh [2009 (3) TMI 4 - SUPREME COURT] where the issue arose whether exploitation of a film right which were transferred by the assessee in India to abroad would constitute export for the purposes of deduction under section 80HHC of the Act, it was observed that the telecast ing rights fell in the category of articles of trade and commerce and hence within the category of "merchandise" and the transfer of the said rights by way of lease fell within the meaning "sale" and would attract section 80HHC.Therefore the issue of exemption under section 10B is squarely covered in favour of the assessee by the above decision. disallowances of expenses - Held that:- Whatever disallowances are made, such income in turn becomes eligible for exemption under section 10B of Income-tax Act. Therefore we agree with the findings of the learned Commissioner of Income-tax (Appeals) that there was no purpose of making such additions and in our opinion, such additions have been rightly deleted - Decided against revenue.
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