TaxTMI 
TaxTMI 
TaxTMI 
2016 (10) TMI 205
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....or exhibition by such TV channels. (ii) call for the records leading to Exhibit P6 order of the 3rd respondent and quash the same, by the issuance of a writ of certiorari or other writ order or direction; (iii) issue a writ of mandamus or such other writ or direction, directing the 3rd respondent to issue necessary certificate at reduced rate under Section 197(1) to the petitioner. (iv) declare that the provisions of Rule 28AA are inconsistent and ultravires the Act and are therefore liable to be struck down." 2. As far as vires of Rule 28AA of the Income Tax Rules, 1961 (hereinafter referred to as 'the Rules') is concerned, the Rule has already undergone substantial changes w.e.f 01/04/2011. The present rule reads as un....
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.... such period of the previous year as may be specified in the certificate, unless it is cancelled by the Assessing Officer at any time before the expiry of the specified period. (4) The certificate for no deduction of tax shall be valid only with regard to the person responsible for deducting the tax and named therein. (5) The certificate referred to in sub- rule (4) shall be issued direct to the person responsible for deducting the tax under advice to the person who made an application for issue of such certificate. (6) The certificate for deduction of tax at lower rate shall be issued to the person who made an application for issue of such certificate, authorising him to receive income or sum after deduction of tax at lower rate."....
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....ny information concerning the working of, or the use of, a patent, invention, model, design, secret formula or process or trade mark or similar property; (iii) the use of any patent, invention, model, design, secret formula or process or trade mark or similar property; (iv) the imparting of any information concerning technical, industrial, commercial or scientific knowledge, experience or skill; (iva) the use or right to use any industrial, commercial or scientific equipment but not including the amounts referred to in section 44BB; (v) the transfer of all or any rights (including the granting of a licence) in respect of any copyright, literary, artistic or scientific work including films or video tapes for use in connection wit....
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....uashing Ext.P6 and for a declaration that no TDS is liable to be deducted from the amount paid by the Satellite companies/television channels to the petitioner. 5. Statement has been filed on behalf of the 3rd respondent iner alia stating that as per Rule 28AA of the Rules, certificate under Section 197 can be obtained each year subject to the satisfaction of the conditions prescribed. 6. Learned counsel for the petitioner placed reliance on the judgment of the Madras High Court in K.Bhagyalakshmi v. The Deputy Commissioner of Income Tax, Media Circle-I [(2014) 265 CTR(Mad) 545] wherein while considering a similar factual situation regarding transfer deed executed by the copyright purchasers, the Madras High Court while considering the qu....
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....or a perpetual period of 99 years. The party, who executed the agreement in favour of the assessee was desirous of disposing World Negative Rights, Satellite Television Rights and all other rights pertaining to the picture and the assessee enjoys the exclusive status, as the World Negative rights including theatrical rights owner. The assessee was also entitled to assign the said rights, which was transferred in their favour. Further the agreement was irrevocable and shall remain in force for a period of 99 years. In such a factual situation the nature of transaction, being a perpetual transfer for a period of 99 years, would undoubtedly fall within the scope of sale." 7. Judgment in K.Bhagyalakshmi (supra) has been followed by another Di....