HC : Interprets 'customised electronic data' liberally; Television news software export eligible for Sec. 80HHE benefit

Delhi HC allows Sec. 80HHE deduction to NDTV for AY 1999-00, rules that  television news software exported by assessee falls within the definition ‘customized electronic data’ occurring in clause (b) of the Explanation to Sec. 80HHE of the Act; Takes note of agreement between assessee and New Delhi Television (India) Private Limited (‘NTVI’) whereby it was agreed that assessee would be responsible for the production of the entire software (programming) for a 24-hour Indian news channel which would be supplied to NTVI who would in turn broadcast the said channel through STAR TV; Firstly, on facts, HC finds that assessee was able to demonstrate that the television news software produced by it was indeed ‘customized electronic data’ which was exported from India and that the entire process of making the programmes was to meet the requirement of STAR TV;  Thereafter, HC rules that “The expression ‘any customized electronic data’ is preceded by the disjunctive ‘or’ which clearly indicates that any customized electronic data would also be considered to be ‘computer software’ under the inclusive part of the definition.”; Rejects Revenue’s stand that the words ‘or any customised electronic data’ has to take colour from the main part of clause (b) of the Explanation and  cannot be construed independent of it; HC clarifies that the principle of ejusdem generis will not apply in the instant case taking into consideration the rationale behind the introduction of words ‘customized electronic data’ in explanation (b) as explained in CBDT circular 772 of 1998, states that “the expression ‘any customized electronic data’ requires a liberal interpretation.” :HC