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2014 (9) TMI 362 - BOMBAY HIGH COURTNature of assessee – Industrial undertaking or not – Assessee qualified for deduction or not - Whether a film production unit or a Company is not an industrial undertaking within the meaning of section 80IB – Held that:- If cameraman, editor, sound technicians are engaged by the Assessee and who used their own equipments for filming, processing, sound recording and mixing or machines are hired on contract basis but they do not transfer these equipments to the Assessee – relying upon Commissioner Of Income-Tax Versus DK. Kondke [1991 (3) TMI 82 - BOMBAY High Court] - the film production unit or Company is an industrial undertaking and therefore section 80IB of the Act can be invoked by it – as such no substantial question of law arises for consideration - Decided against revenue.
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