Bombay High Court Clarifies GST Classification and Tax Rates for Licensing Copyright in Cinematographic Films

Highlights of the Judgment:
- Examination of Article 226 writ maintainability amidst alternative remedies where orders suffer from jurisdictional errors.
- Statutory interpretation distinguishing intellectual property rights in general goods from information technology software.
- Analysis of Service Accounting Codes (SAC 997332) governing licensing for broadcasting original films versus software.
- Ruling that delivery modes do not alter the essential character and tax classification of intellectual property licenses.
- Application of board circulars regarding retroactive GST rate regularization for film distributions on an as-is-where-is basis.
- Reiteration that administrative adjudication orders cannot be supplemented by counter-affidavits before writ courts.