The Commercial Tax Department has argued that the OFC broadband operators are running a business venture after investing thousands of crores to put in place a state-of-the-art set-up to artificially generate light energy and supply it to its customers for their data transmission work. The characteristics of the light energy constitute a moveable property, which has to be categorised as `goods' as per the norms laid down by the Supreme Court. "In the process of data transmission, other than light energy, no other elements are involved and the customers are paying for the same. This proves that light energy constitutes goods, which is liable for levy of tax. Therefore, the State has every legal competence and jurisdiction to tax it," the department has contended.
Wednesday, October 11, 2006
Whoa. This is the height of ... of.. whatever! I can't even put a word to it. Please educate lawyers and judges in common-sense and common science of the IT age, please!