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IT(TP)A No.2096/Bang/2024

24. Net4Nuts Ltd. The functional profile of this company is enclosed at Page 121 of the Factual PB-II. Perusal of the same reveals that, this company is engaged in the business of providing enterprise- wide solutions across multiple industries, ERP, cloud computing, custom software development, off-shore engineering services, designing, architecting developing and maintenance of high availability software products / solutions, mobile value-added services. The provision of such diversified services differs greatly from the SWD services provided by this company is thus not functionally comparable to that with assessee's business.

25. Useful reference may be made to the decision of the Hon'ble ITAT, Mumbai in the case of Varian Medical Systems International (India) (P.) Ltd. Vs. DCIT (158 taxmann.com 84) [Refer Pg 102 of Legal PB] wherein it was held that, a company providing diversified services including enterprise solutions and IT enabled services, viz., cloud computing cannot be said to be comparable with the assessee providing SWD services to its AE

26. Aptus Software Labs Pvt. Ltd. The assessee has enclosed the functional profile of this company at Pages 122 to 125 of the Factual PB- l/. It shall be observed that, this company is engaged in several diversified businesses which vastly differ from those of the assessee, i.e. infrastructure management, cloud computing, content management systems, network operations center, quality assurance services such as functional testing, security testing, performance scalability reliability testing, test automation. The provision of such services differs greatly .