Commissioner of Income Tax Mumbai v. Faquir Chand (HUF) (SC) BS540968
SUPREME COURT OF INDIA

Before:- S.H. Kapadia, C.J. and Madan B. Lokur, J.

Civil Appeal No. 5790 of 2008. D/d. 4.9.2012.

Commissioner of Income Tax Mumbai - Appellant

Versus

Faquir Chand (HUF) - Respondent

For the Appellant :- Rajiv Dutta with Arijit Prasad, C.V.S. Rao and Anil Katiyar for B.V. Balaram Das, Advocates.

For the Respondent :- Devendra Singh, Advocate.

Income Tax Act, 1961 Section 80HHC Deduction on profits retained for export business - Appeal filed raising question whether telecasting rights of T.V. serial are entitled to benefit under Section 80 HHC - Held, yes - Appeal dismissed - (2009)11 SCC 643 relied on.

[Para 2]

Cases Referred :-

Commissioner of Income Tax v. B. Suresh, (2009) 11 SCC 643 : (2009) 222 CTR (SC) 513 : (2009) 20 DTR (SC) 93 : (2009) 313 ITR 149 (SC).

ORDER

1. This civil appeal filed by the Department concerns asst. yr. 1995-96. The question involved in this case is, whether telecasting rights of a TV serial are entitled to the benefit of Section 80HHC of the Income Tax Act, 1961?

2. This issue is squarely covered in favour of the Assessee by the decision of this Court in the case of Commissioner of Income Tax v. B. Suresh, (2009) 11 SCC 643 : (2009) 222 CTR (SC) 513 : (2009) 20 DTR (SC) 93 : (2009) 313 ITR 149 (SC). Accordingly, the civil appeal filed by the Department is dismissed. No order as to costs.

.