TMI Blog2006 (11) TMI 160X X X X Extracts X X X X X X X X Extracts X X X X ..... oods or merchandise. Against the said order of the Assessing Officer, the assessee preferred an appeal before the Commissioner of Income-tax (Appeals), who allowed the appeal, against which, the Revenue went on appeal before the Income-tax Appellate Tribunal and the Tribunal also held the issue in favour of the assessee. Hence, the present tax case appeal by the Revenue raising the following substantial question of law: "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that, granting of deduction under section 80HHC of the Income-tax Act, 1961, in regard to export of one print of a film for exhibition out of India is valid in law?" Mr. N. Muralikumaran, learned senior standing couns ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and entered into an agreement with the Star TV for transfer of telecasting rights for Asian region for a period of five years, can conveniently be described as article or thing falling within the sweep of the word 'goods' or 'merchandise'. We, therefore, hold that the beta-cam tape, which has incorporeal rights, is a 'goods' or 'merchandise' for the purposes of section 80HHC of the Act." In respect of the second point, the Bombay High Court held as follows: "Having taken the survey of various provisions, one fails to understand as to why the word 'otherwise' should not cover within its sweep such types of transactions and, if such types of transactions are taken into account, then they would be nothing but sale for the purposes of sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s appeal, on the facts and circumstances of the case, is well within the sweep of section 80HHC of the Act and all the authorities below were not justified in denying the deduction to the claim of the assessee under section 80HHC in the sum of Rs. 84,23,746 in respect of export of beta-earn tapes as per agreement dated March 29, 1995. We, thus, hold that the assessee is entitled to such deduction under section 80HHC of the Act and allow the appeal on this count Accordingly, we answer the question in favour of the assessee and against the Revenue on this count" That apart, the apex court, while considering the scope of the word "goods" in Tata Consultancy Services v. State of Andhra Pradesh [2004] 271 ITR 401, held as follows: "It is not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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