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may 2006

Supreme Court of India · 2006-05-09

COMMNR. OF CUSTOMS, CHENNAI vs M/S. PENTAMEDIA GRAPHICS LTD.

Citation / case number
SC 2001/1510
Court
Supreme Court of India
Petitioner
COMMNR. OF CUSTOMS, CHENNAI
Respondent
M/S. PENTAMEDIA GRAPHICS LTD.
Author
BHAN
Bench
MARKANDEY KATJU ASHOK BHAN

Judgment text excerpt

The Supreme Court ruled that 'Motion Capture Animation Files' do not qualify as 'information technology software' under Customs Notification No. 20/99-Cus, as they lack the capability for manipulation or interactivity by users. The Court emphasized that the files, while containing data in a machine-readable form, do not include the necessary software to manipulate that data, thus failing to meet the criteria for exemption from customs duty. The appeal by the respondent was dismissed, affirming the lower authorities' decisions.

COMMNR. OF CUSTOMS, CHENNAI vs M/S. PENTAMEDIA GRAPHICS LTD. · Niyam