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1 - 4 of 4 (0.38 seconds)Section 10B in The Income Tax Act, 1961 [Entire Act]
Chartered Accountants Act, 1949
M/S R & S Laboratories, Una vs Acit, Palampur on 11 December, 2017
The
instant assessee before us is also in the same line of business providing similar
services as were rendered in the case of Mearsk Global Service Centres
(India)Private Limited (supra). Further the A.Y. in both the cases is also similar,
that is, 2005-2006. In that case also, the TPO introduced Cepha Imaging
Private Limited as comparable. However, the Tribunal vide para 48 of its order
observed that this company is "engaged in providing software development
service as its evident from their annual report available on pages 52 onwards
and 64 onwards of the paper book." We find that the finding recorded by the
learned CIT(A) in the impugned order that Cepha Imaging Private Limited was
mainly engaged in export of software tallies with that recorded by the tribunal
in the case of Maersk. As the assessee is engaged in ITES, any company
engaged in exporting software, cannot be considered as comparable. We,
therefore, hold that this case was rightly excluded by the learned CIT(A).
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