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" PART A TANGIBLE ASSTS ** ** III Machinery and Plant *** *** (5) Computers including Computer Software (see note 7 below this table) (60) "

ITA Nos.1406 & 1407/Chny/2015 :- 19 -:

Note 7 stipulates 'Computer Software" means any computer program recorded in any disc, tape, perforated media or other information storage device. "
Thus, as per note 7, computer software has been given restricted coverage to 'computer program...' vis-à-vis customs notifications referred to by Hon'ble Supreme Court in the aforestated case in assessee's own case , wherein the said custom notifications referred to 'Information Technology software' means any representation of instructions, data, sound or image including source code and object code , recorded in a machine readable form , and capable of being manipulated or providing interactivity to a user , by means of an automatic data processing machine to be covered by the term 'Information Technology Software' . Thus, the coverage under customs laws was very wide while we are dealing with 1961 Act read with 1962 Rules and coverage of the term computer software is restrictive to computer program which is recorded in any disc , tape , perforated media or other information storage device. Thus, as could be seen that the assesee has developed Digital Content which is held by assessee as an asset and is used in various films etc after being manipulated. This in our considered view cannot be equated with a computer program but what is held by assessee is a digital content which is used by assessee in various films etc. . The computer animation and special effects are digital content which are stored in the hard disc of the computer. This digital content developed by assessee is utilized in the ITA Nos.1406 & 1407/Chny/2015 :- 20 -: