S&S
S & S Co.
Advocates & Solicitors
Bar Council of India: Notice

Important Disclaimer & Notice

As per the rules of the Bar Council of India, advocates are not permitted to solicit work or advertise in any manner. By proceeding, you acknowledge that you are seeking information relating to S & S Co. of your own accord and that there has been no solicitation, advertisement or inducement by S & S Co. or any of its members.

The content of this website is provided solely for informational purposes and should not be construed as legal advice. S & S Co. shall not be liable for any consequence of any action taken by the user relying on material provided herein.

Any information shared through this website does not create an attorney-client relationship. Transmission of information herein is not intended to constitute, nor does receipt thereof constitute, an attorney-client relationship.

The contents of this website are the intellectual property of S & S Co. No part constitutes legal advice. Readers are requested to seek formal legal counsel before acting upon any information contained herein.
About Practice Areas Locations Legal Updates Legal News Team Blog Search Contact Us
Tax Litigation · 10 September 2026

A Cinematographic Film Delivered Digitally Is Not 'IT Software': Bombay HC Quashes Rs. 79.7 Crore GST Demand Against Dharma Productions

Source: Originally reported by Verdictum and MediaNama on 10 September 2026, with the judgment reported as 2026:BHC-OS:20584-DB. This article has been independently researched and rewritten in full by S&S Co. Advocates & Solicitors for informational purposes: it is not a reproduction of the original reports. Readers are encouraged to consult the original sources and the underlying judgment directly.

Dharma Productions and Dharmatic Entertainment challenged GST demands totalling over ₹79.7 crore for FY 2017-18 to 2020-21, where tax authorities had classified their licensing of copyright in cinematographic films as licensing of 'information technology software' under SAC 998340, attracting 18% GST. A Division Bench of Justices M.S.

Karnik and Sandesh D. Patil held that a cinematographic film, a passive audio-visual work incapable of execution, manipulation or interactivity, cannot satisfy the statutory definition of 'information technology software' merely because it is delivered digitally, and quashed the assessment and appellate orders.

Legal Background

Under GST, the rate of tax on a supply depends on how it is classified in the rate notifications and the Scheme of Classification of Services, so a dispute over the heading under which a service falls can decide whether 18 per cent or a different rate applies. Copyright in a cinematograph film is a distinct right under the Copyright Act, 1957, which defines a cinematograph film in Section 2(f) as a work of visual recording on any medium. Classification disputes of this kind usually turn on the words of the entry or definition relied on, and not on how the content is delivered. This note summarises the reported ruling only, and the order itself should be read before relying on it.

Newsletter

Fortnightly Legal Updates,
By Practice Area

A short digest of significant rulings, regulatory changes and practical guides across our practice areas, sent every two weeks. For general information only, not legal advice.

Get In Touch

Have a Question About
Tax Litigation?

Tell us about your situation: we'll help you figure out the right next step.

Contact S&S Co. →

A full-service law firm headquartered in Noida, Delhi and Kolkata: commercial litigation, arbitration, corporate advisory and regulatory counsel across Delhi NCR, Kolkata and pan-India.

Practice

Commercial Litigation Arbitration All 16 Practice Areas

Locations

Noida All Locations

Firm

Team Legal Updates Legal News Blog Newsletter Contact