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2017 (8) TMI 533 - HC - Income TaxClaim u/s 80-IB denied - proof of business activity as manufacture or production of articles or things - scope of activity undertaken by assessee - activity of supplying the audio of the back ground sound to the film already shot by the customers - Held that:- The activity of Video Software Generation has been recognized as Small Scale Industries by Government of India, Ministry of Industry vide order dated 04.03.1993, as well as 03.11.1993. It is also pertinent to mention the fact that by providing the Audio Software to the Video already shot makes an article fit for use which in turn amounts to manufacture, in view of the Law laid down by the Supreme Court in the case of Commissioner of Income Tax Vs. Oracle Software India Ltd (2010 (1) TMI 9 - SUPREME COURT OF INDIA ). The activity of the petitioner in supplying the audio of the back ground sound to the film already shot by the customers, amounts to manufacture within the meaning of Section 80-IB of the Income Tax Act and, therefore, the Tribunal erred in upholding the disallowance - Decided in favor of assessee.
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