High CourtsDivision Bench(2006) 06 BOM CK 0107

Commissioner of Income Tax vs Firoz Khan

Bombay High Court · Decided on 20 June 2006 · Citation: (2009) 313 ITR 123

HON’BLE JUDGES
V.C. Daga, J · J.P. Devadhar, J
RESULT
Allowed
CASE NUMBER
Income-tax Appeal (L) No''s. 194, 196, 559 to 561, 1154, 1344, 1385, 1499, 1500, 1650, 1652 and 1645 of 2005 and 78, 79, 192, 326 and 532 of 2006

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Judgment

7 paragraphs · 199 words
1.

Not on board.

2.

By consent of the parties all these appeals are taken on board for hearing since both parties have agreed that the questions of law raised in all these appeals have been covered by the judgment of this Court in the case of Abdulgafar A. Nadiadwala Vs. Assistant Commissioner of Income Tax and Others, .

3.

Both parties jointly prayed that all the appeals be disposed of in terms of the said judgment of this Court and the questions of law reproduced herein below be answered accordingly.

(a) The substantial question of law arising in these appeals is regarding the correct interpretation of Section 80HHC on the export of overseas exhibition/broadcasting rights of cinematographic films ?

(b) Whether licences for exhibition/broadcasting rights of cinematographic films is export of merchandise/goods, therefore, eligible for deduction u/s 80HHC?

4.

Considering the joint prayer made by the parties to the appeals, the questions of law framed in all these appeals are answered in favour of the assessee and against the Revenue.

5.

All appeals, accordingly, stand disposed of for the reasons recorded in the aforesaid judgment of Abdulgafar A. Nadiadwala [2004] 267 ITR 488. No order as to costs.