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Commr.Of Income Tax-V,New Delhi vs M/S Oracle Software India Ltd on 13 January, 2010

6.3. Pointing out the aforesaid decisions, the learned counsel for the appellant submitted that without considering the claim of the appellant in a proper perspective, the learned Judge disposed the writ petitions, by remanding the matter to the third respondent to re-examine the issue again in the light of the express language of section 35(2AB) of the Act. In this context, the learned counsel submitted that it is beyond any pale of doubt that the appellant is carrying on manufacture and production activity within the meaning of Section 35(2AB) of the Act. To lend support to this submission, the learned counsel referred to the decisions of the Honourable Supreme Court in Commissioner of Income Tax v. Oracle Software India Limited [2010 (2) SCC 667] wherein it was held that 'production of software will amount to manufacture'; and the Delhi High Court in DCIT v. TCIL Bellsouth [2004 Vol.89 TTJ P. 851 (Del)] in which, it was held that 'production of software is a manufacture'.
Supreme Court of India Cites 7 - Cited by 104 - S H Kapadia - Full Document
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