<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>1967 (3) TMI 93 - MADRAS HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=145199</link>
    <description>Exploitation rights in a cinematograph film, even when accompanied by custody or return arrangements for prints and negatives, do not amount to a sale of goods where the substance of the arrangement is licensing or assignment of copyright; sales tax was therefore not attracted on that footing. Processed or exposed film was treated as a distinct commercial commodity from raw film and could be brought to single-point levy under the First Schedule. Penalty for non-disclosure under the sales-tax law requires wilful or culpable omission and is not automatic; where the assessee acts under a bona fide and arguable view of liability, penalty is not justified, and it could not survive here once the receipts were held not taxable.</description>
    <language>en-us</language>
    <pubDate>Wed, 08 Mar 1967 00:00:00 +0530</pubDate>
    <lastBuildDate>Tue, 23 Apr 2013 10:08:07 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=166214" rel="self" type="application/rss+xml"/>
    <item>
      <title>1967 (3) TMI 93 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=145199</link>
      <description>Exploitation rights in a cinematograph film, even when accompanied by custody or return arrangements for prints and negatives, do not amount to a sale of goods where the substance of the arrangement is licensing or assignment of copyright; sales tax was therefore not attracted on that footing. Processed or exposed film was treated as a distinct commercial commodity from raw film and could be brought to single-point levy under the First Schedule. Penalty for non-disclosure under the sales-tax law requires wilful or culpable omission and is not automatic; where the assessee acts under a bona fide and arguable view of liability, penalty is not justified, and it could not survive here once the receipts were held not taxable.</description>
      <category>Case-Laws</category>
      <law>VAT and Sales Tax</law>
      <pubDate>Wed, 08 Mar 1967 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=145199</guid>
    </item>
  </channel>
</rss>