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Visual Graphics Computing Services ... vs Dcit, Chennai on 28 December, 2017

12. The next issue is on the comparable Jeevan Scientific Technology Ltd (former JeevanSoftech Ltd) .The AR submitted that Jeevan Scientific Technology Ltd is not functionally comparable with the assesse and questioned the margin computation. As per that company's website, it is a leading integrated service provider for clinical, education, staffing, software development and software testing services for healthcare/pharma, university/educational institutions, information technology, telecom, manufacturing and construction industries in India and onverseas (separate website extract/pg. 47-48 of appeal memo).Further, without prejudice, the margin of the company has been incorrectly computed by the TPO since he has only considered the BPO segment and not the ERP segment which is also in the nature of IT enabled services and should be considered in computing the operating margin and relied on the cases DCIT vs Atmel R&D India Pvt Ltd (ITA No 812 (MDS) of 2015) for the ay 2010-11 dated 18.08.2016 and Aptara :-13-: ITA No.971/Mds/2015 Technologies (P) Ltd., vs ACIT (ITA No. 259 & 579 (PN) of 2015) for the ay 2010-11 dated 31.05.2016.
Income Tax Appellate Tribunal - Chennai Cites 11 - Cited by 0 - Full Document

Tycoons Industries Pvt. Ltd., Kolkata vs D.C.I.T.-Cc-Xx,Kolkata, Kolkata on 13 June, 2018

We also note that the same issue was considered by the coordinate bench of this Tribunal in the case of M/s. Dhansar Engineering Co. Pvt. Ltd. (supra). In that case also the name of the assessee was mentioned in the seized documents AVR-2 recovered from the premises of N.K.G. In that case also the name of assessee was found mentioned in the seized documents AVR-2 recovered from premises of N.K.G. In that case also the A.O. held that the seized documents belonged to M/s. Dhansar Engineering Co. Pvt. Ltd. and not of N.K.G. After examining the relevant material, Tribunal held that although the notings in the seized documents made reference to the name of third party i.e. M/s. Dhansar Engineering Co. Pvt. Ltd but there was nothing in such seized documents to indicate that these documents belonged to M/s. Dhansar Engineering Co. Pvt. Ltd. The Tribunal accordingly quashed the assessment framed under section 153C against Dhansar Engineering Co. Pvt. Ltd, since it was found that seized documents recovered from N.K.G. did not belong to the said assessee.
Income Tax Appellate Tribunal - Kolkata Cites 11 - Cited by 0 - Full Document

Ito, Ward-7(2)/Kol, Kolkata vs M/S. Raghu Vinncom Pvt. Ltd., Kolkata on 31 May, 2018

Investment Pvt. Ltd. vs. CIT as well as hon'ble Punjab & Haryana high court's decision in DCIT vs Empering Packaging Pvt. Ltd ITA 415/2015 dated 12.06.2016 decide the very issue in assessee's favour. The Revenue fails to pin-point any distinction on facts or law therein. We thus reject its sole substantive ground pleaded in the instant appeal.
Income Tax Appellate Tribunal - Kolkata Cites 4 - Cited by 0 - Full Document
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