program.
4 Erred in holding that the AdWords program is complex computer software,
the right to use has been granted to the Appellant without appreciating ... program
without parting with the copyright, thus granting licence to use the software
without appreciating the fact that the Appellant is only involved in marketing
COMPETITION COMMISSION OF INDIA
Case No. 52 of 2013
In Re:
Financial Software and Systems Private Limited Informant
And
M/s ACI Worldwide Solutions Private ... Panda, Advocate
Ms. Ela Bali, Advocate
Final Order
1. M/s Financial Software and Systems Private Limited (hereinafter, the
'Informant
Tech.(I) Pvt. Ltd. -vs- DCIT, Circle-2(2), Kolkata
(formerly Anshin Software Pvt. Ltd.)
[PAN: AADCA 8967 A]
(Appellant) (Respondent ... Kolkata -vs- Nomura Research Institute Financial Tech.(I) Pvt. Ltd.
(formerly Anshin Software Pvt. Ltd.)
[PAN: AADCA 8967 A]
(Appellant) (Respondent)
For the Appellant : Shri
Appellant's international
transaction in relation to provision of captive
software development services by:
4.1. Not appreciating that the Appellant is entitled to
deduction ... capital equipment being
inextricably linked with the primary activity of
captive software development services should be
benchmarked by using Transactional Net Margin
Method
FTIL is engaged in the business of developing and supplying
software for financial and securities market. FTIL is also the
principal provider of software solutions ... office for the purpose of dealing in securities through exchanges.
The main software product of FTIL is marketed under the brand
name `ODIN
captive service provider as
opposed to the comparable companies who were independent
software service provider.
2.8 That on the facts and in the circumstances ... assessee is engaged in the business of software development,
maintenance and IT enabled services. It filed its return of income on
29/11/2012 declaring
case and in law
the ld. CIT('A) erred in allowing software expenses u/s. 40(a)(i)
on account of non deduction ... find that the
argument of the assessee is correct. The locally acquired
software expenses have been treated as capital expenditure,
placing reliance on various judicial
technology
transfer agreements, as amended from time to time, any
additional software comprising the CMG Technology could be
procured by ONGC through an independent purchase ... assessed u/s 115AA.
(ii) The scientific knowledge vested in the software which has
been permitted to be used by ONGC on payment of licence
license holder
Aveva-3506/M/14+6
to use various software products,that it owned all Intellectual Property Rights (IPR) related to
the software,that ... agreement the assessee had to distribute and sub-license software
products developed by ASL to the customers within Indian territory and to provide training
Noida Software Technology Park Ltd vs M/S Media Pro Enterprise India Pvt. Ltd. ... on 7 December, 2015
TELECOM DISPUTES SETTLEMENT& APPELLATE TRIBUNAL ... Noida Software Technology Park Ltd. ... Petitioner
Vs.
M/s Media Pro Enterprise India Pvt. Ltd. & Ors. ... Respondents
Petition
