Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2010 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (4) TMI 42 - HC - Income TaxDeduction under section 80HHF - the appellant claimed deduction under Section 80 HHF on the ground that it was engaged in the business of transfer, by any means, out of India, of film software, television software, music software, television news software, including telecast rights - the Assessing Officer, after considering the reply submitted by the appellant to the show-cause notice, found that the assessee was providing services such as arrangement of raw material, engaging technicians, hiring equipments, etc., the film was shot by foreigners who brought their own equipments such as camera, motion picture stock and took the same back while leaving India and, therefore, deduction under Section 80 HHF was not available to it. – held that - The first pre-requisite condition, for export or transfer out of India, of the prescribed software by an assessee is that the ownership or title in the software claimed to have been exported or transferred out of India must necessarily have vested in him. There could not have been any export or transfer, by the assessee company unless the ownership rights in the software in question vested in it - A perusal of the agreement between the appellant and Cine + Media Services would show that the equipment for shooting the film was brought from Germany and the appellant company was made responsible for customs clearance for bringing the equipment in and taking it out. Under this agreement also, a fixed sum stated in terms of article 4 of the agreement was to be paid to the appellant and it was foreign client which was to bring the equipment to India for the purpose of shooting. – deduction is not allowable – decided in favor of revenue against the assessee
|