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From a perusal of the above, it is clear that the company is incurring cost for product development and had recognised it as fixed assets.
IT(TP)A.1963/Bang/2017 Page - 16 Therefore the company is required to be considered as a company dealing in software products and is into developing and selling the products developed by it. Therefore we do not find any error in the finding of the CIT (A). If we go through the decision cited by the Ld.AR in the matter of Labvantage Solution P. Ltd (supra), wherein the Tribunal considered Qualcomm India P. Ltd v. ACIT [ITA 5239/Del/2010, dt.10.06.2013] wherein the functions of Akshay Software Technologies Ltd is mentioned as engaged in SAO and remote infrastructure management software applications, as against design work on embodied software, DSP an integrated circuit. The functions as per the submission of the assessee as well as the annual report is, Akshay Software Technologies Ltd is engaged in providing professional services, procurement, installation and support of ARP products and services in India. Therefore the function as performed by the assessee as mentioned in the decision of Labvantage (supra) for AY 2009-10 cannot be compared with that of the functions performed by Akshay Software Technologies Ltd in the AY 2013-14. Moreover the direction for inclusion of Akshay Software Technologies Ltd was also rendered in the context that in that case the TPO has included Akshay Software Technologies Ltd as comparable in the AY 2007-08. In our considered opinion the facts of the present case are different than the facts narrated herein above in the matter of Labvantage (supra). Therefore this company cannot be included in the list of comparables. Accordingly this ground is rejected.