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TMI Blog2024 (2) TMI 342X X X X Extracts X X X X X X X X Extracts X X X X ..... s framed:- (a) Whether on the facts and circumstances of the case, certificate from Film Censor Board was necessary for allowing the relief u/s 80HHF of Income Tax Act, 1961 ["Act"]? 2. However, upon hearing learned counsels for parties, we are of the opinion that the issue of certification from the Censor Board is wholly irrelevant for the purposes of examining the applicability of Section 80HHF of the Act. This is a digitally signed order. 3. However, and before proceeding further, it would be appropriate to notice the following salient facts. It is contended by the appellant that on meeting two U.S. nationals, he entered into a transaction, pursuant to which he prepared "Discs" and was also paid in foreign exchange. According to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respect of the assessment year beginning on the 1st day of April, 2005 and any subsequent assessment year.] (2) The deduction specified in sub-section (1) shall be allowed only if the consideration in respect of the software or software rights referred to in that sub-section is received in, or brought into, India by the assessee in convertible foreign exchange, within a period of six months from the end of the previous year or within such further period as the competent authority may allow in this behalf. This is a digitally signed order. (3) For the purposes of sub-section (1), profits derived from the business referred to in that sub-section shall be the amount which bears to the profits of the business, the same proportion as the exp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ved in, or brought into, India by the assessee in convertible foreign exchange in accordance with sub-section (2), but does not include freight, telecommunication charges or insurance attributable to the delivery of such software outside India or expenses, if any, incurred in foreign exchange in providing the technical services outside India; (d) 'film software' means a copy of a cinematograph film made by any process analogous to cinematography on acetate polyster or celluloid film positive, magnetic tape, digital media or other optical or magnetic devices and certified by the Board of film certification constituted by the Central Government under Section 3 of the Cinematograph Act, 1952; (e) 'music software' includes series of sounds ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... software, telecast rights, television news software, or television software as defined in clause (d), (e), (g), (h) or (i), as the case may be, outside India; (C) expenses, if any, incurred in foreign exchange in providing the technical services outside India.]" 5. As it is evident from the record, the dispute itself pertains to AY 2000-01 and the assessment of which went through several rounds of litigation. Suffice it to note that the ITAT an order of 05 August 2011 had remanded the matter while partially allowing the appeal of the appellant and calling upon the Assessing Officer ["AO"] to consider the issue of deductions claimed under Section 80HHF of the Act. Pursuant to that order, a fresh assessment order came to be framed on 21 Ma ..... X X X X Extracts X X X X X X X X Extracts X X X X
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