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
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
Offshore Supply of Hardware 34,010 2,028,016
Onshore supply of Software 85,500 5,098,365
Onshore Supply of Services ... Onshore Supply 85,500 59,592 25,908 1,544,894
of Software
Onshore Supply
facts and law and the appellant
denies its liability to treat the software purchase as revenue
expenditure and its liability to not account for depreciation ... which the Tribunal has held that the payment for purchase of software is in the nature of
royalty, however no disallowance can be made under
assessee company of Rs. 65,41,72,734/-
towards purchase of software as the purchases, without appreciating the fact
that the purchase of software ... royalty payment of Rs. 65,41,72,734/-
for purchase of software u/s 194J of the IT Act by the assessee.
2. The appellant
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
Justice K.S.Puttaswamy(Retd) And Anr. vs Union Of India And Ors. on 24
news
broadcasting through its three different channels. It is also producing customized
software, programmes for broadcasters. It filed its return of income on 30.09.2009
declaring ... making
disallowance of following sums:-
Sl Particulars Amount
No.
Disallowance of software expenses Rs. 82,45,612/-
1
Disallowance of commission
63, Moons Technologies Limited ... vs Union Of India & 10 Others on 4 December, 2017
Jignesh Shah And 2 Ors vs The Union Of India And 3 Ors on 4
