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Home › All Judgements › CIT vs. B. Suresh (Supreme Court)

CIT vs. B. Suresh (Supreme Court)

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DATE: (Date of pronouncement)
DATE: March 18, 2009 (Date of publication)
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Click here to download the judgement (suresh_80HHC_export_services.pdf)

Film telecast rights are goods u/s 80HHC

Where the assessee transferred rights in feature films by way of lease outside India and the question arose whether films constituted “goods or merchandise” for purposes of s. 80HHC, HELD

Today the difference between goods and services is getting blurred with globalization and cross-border transactions and with technological advancement one has to change one’s thinking regarding concepts like goods, merchandise and articles. The telecast “rights” certainly fall in the category of articles of trade and commerce, hence, merchandise and are eligible u/s 80HHC.

Note: Abdulgafar A. Nadiadwala Vs. ACIT 267 ITR 488 (Bom) has been approved.

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