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
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
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
risk:
Sl. No Name of comparable Weighted
Average
OP/ TC
(%)
1. Ace Software Exports Ltd. 20.59
2. Aftech Ltd. (Aftek Infosys ... upheld exclusion
of comparables, namely, Allsec Technologies Ltd, Ace Software Ltd. and
MCS Ltd. The Ld. CIT-(A) accepted objection of the assessee for
inclusion
respect
of profits derived from the undertaking providing/exporting software
services.
1.1 That the Commissioner of Income-tax (Appeals) erred on facts ... made by the
assessing officer, being the amount paid for purchase of software on
the ground that no tax was deducted from the payment made
total income of the assessee on account of international transactions
relating to software development services entered into by assessee with
its associate enterprises holding that ... Adjustment of Rs 1,98,33,679/ - on
account of the software development
services:
1.1 The Assessing Officer the Disput e
Resolution Panel/ the Transfer
consideration it was in receipt of certain sum towards "Sale of
Software" and "Provision for Support Services" from its Indian
Distributors ... taxability of amount received by the
assessee from "Sale of Software". During the course of
assessment, the AO directed the assessee to submit
payments made for obtaining licenses of the software?
2 ITA No.5691/Del./2014
2. Whether on the facts and circumstances of the case ... cogent reasoning as to how
the payment towards firewall & security software should not be
treated as royalty as per Explanation 2 to Section
considered the fact that the assessee was a trader
and purchased a software for its resale. Therefore, the payment made on its
procurement cannot ... Delhi High
Court in the case of CIT Vs. Dynamic Vertical Software India Pvt. Ltd. , [2011] 12
taxmann.com 431 (Del). Since the transaction
once
implemented, will improve the rates further. The overall systems
– network and software – have shown to meet desired
requirements in real life condition. Finally
