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Showing contexts for: Software Source code in Cowi India Pvt. Ltd., Gurgaon vs Assessee on 22 April, 2016Matching Fragments
11. Each of the comparables are discussed as under:-
i. Accentia Technologies Ltd.
a. This comparable is selected by ld. TPO and obtained the annual report of the company for FY 2006-07 by issuing notice u/s 133(6) of the Act. The assessee objected to this Cowi India private Limited V ACIT ITA No 5709/Del/2011 A Y 2007-08 comparables stating that it has an extra ordinary event during the year as it has been formed as a result of amalgamation between two companies. Assessee further objectedstating that it is under the single segment of healthcare receivables management.Ld. TPO rejected the contention of the assessee. Ld. DRP accepted the view of TPO. Before us it was contended that the company was formed as a result of an amalgamation between Geosoft Technologies (Trivandrum) Ltd. and Iridium Technologies (India) Pvt. Ltd. during the Financial Year 2006-07. It has now been settled that a company impacted by an extraordinary event like merger or demerger cannot be taken as a comparable. The company earns revenue from various sources viz. Medical Transcription, Billing & Coding and Software Development & Implementation. No segmental information available in the annual report^ Segmental disclosure is not provided in Annual audited accounts for the segmental revenue of the above different class of services. The Ld. TPO has considered the profitability of Accentia at an overall entity level which includes income from software development (19.13%) which is not comparable to the Appellant. Thus, the Appellant wishes to submit that income from software development services is significantly high to consider an entity level margin.