This means that the supplier of the software,
namely, the Assessee, can supply similar software to any
number of cellular operators to which ... shall:
(a) not provide or make the Software or Documentation or any
portions or aspects thereof (including any methods or concepts
utilized or expressed therein
things or way of sale or
computer software articles or things or computer software otherwise, in a
received in, or services received ... foreign articles or things or 1962 (52 of
computer software exchange in computer software 1962); Expln.
outside India or rendering of services outside
computer, it becomes part and parcel of the computer, as in the
case of operating software in the computer. In such ... computer or computer Hardware. Giving another
example, a computer software can be used in many devices
including washing machine, televisions, telephone equipment
claimed. There should be export of articles or
things or computer software out of India, and the sale proceeds
therefor shall be received ... including articles or things ceeds received
expenses, if any, computer soft- or computer in, or brought
incurred in foreign ware) outside software outside
Kenexa Technologies Pvt. Ltd.,
the assessee, provides software and services to its Associated
Enterprise (AE) which includes software development, research,
modification, reuse, re-engineering, maintenance ... only software development services (SDS) income of the
assessee while taking the entire expenditure of the assessee including
non-AE segment for computing
software product
development.
23. The learned OR countering the
submissions of the learned AR submitted that
the TPO has taken the software development
and services ... different as its software
development segment includes many non
comparable activities such as hardware
design, industrial design and engineering and
visual computing which
computation: The ld TPO has
excluded the deferred revenue expenditure while
computing the net margin of the company. If the
same is included ... does not indicate that assessee is engaged in sale of
computer software and unless the same analysed, rejection of
the company just because
ITAT has held that this company was developing
software products and not purely or mainly software
development service provider. We therefore accept the
plea ... ACIT (supra), we direct
the Assessing Officer/TPO not to include Lucid Software
Limited as a comparable."
MEGA SOFT :
"As far as Mega
undertaking from the
export of such articles or things or computer software.
"Profits and gains of business" is defined in section ... appellant has to be computed in
accordance with the provisions of section 30 to 43D ,
i.e., including the provisions of section
arguments, as stated earlier, were taken
before the DRP which inter-alia included rejection of
comparable cases; application of arbitrary filter of wage to
sales ... risk
company; inclusion of Infosys Technologies ltd.; and
inclusion of Sat yam Computers Services Ltd. in spite of
the fact that its data
