The Commissioner Of Income Tax v. M/S.ace Telefilms (I) Pvt.ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.808 OF 2007 INCOME TAX APPEAL NO.808 OF 2007 The Commissioner of Income Tax .. Appellant Vs. M/s.Ace Telefilms (I) Pvt.Ltd. .. Respondent Mr.A.D.Kango with Mrs.Poonam Bhosale for the Appellant. None for the Respondent. CORAM :- DR.S.RADHAKRISHNAN & A.V.NIRGUDE, JJ. CORAM :- DR.S.RADHAKRISHNAN & A.V.NIRGUDE, JJ. DATE : 20th June, 2008 DATE : 20th June, 2008 P.C. P.C. 1. Heard the learned Counsel for the Appellant. The question of law sought to be raised in this Appeal reads as under:- "Whether on the facts and in the circumstances of the case and in law, Hon’ble Tribunal is correct in allowing the deduction u/s.80 HHC to the assessee on account of the export of recorded video cassettes and further whether the term ‘goods and merchandise’ includes recorded video cassettes also." 2. In view of decision of this Court in the case ofAbdul Gafar A.Nadiadwala V/s.Asst.Commissioner of Income Tax & Ors. - 267 ITR 488 (Bombay) Tax & Ors. - 267 ITR 488 (Bombay) wherein we have held Tax & Ors. - 267 ITR 488 (Bombay) that the video cassettes would amount to ‘goods and merchandise’ and hence the deduction u/s.80 HHC would be allowable, we are not inclined to entertain this Appeal. Appeal stands dismissed. (A.V.NIRGUDE, J.) (DR.S.RADHAKRISHNAN,J.)