submitted that TPO and Commissioner of Income Tax (Appeals) have erred
in including 'Sacox' disregarding the fact that it does not fall with ... further submitted that the TPO computed average margin
of the comparables at 3.52% after including Sharon Bio-Medicines Ltd. &
Amar Remedies
correctness of the profit margin of two
comparables, namely, CG-VAK Software and Exports Ltd. and
Exilant Technologies Ltd.
35. The assessee has not disputed ... companies in the list of comparables. The only quarrel is on
the computation of their OP/OC. To be precise, the question is
about
undertaking from the export of articles or things or computer software
for a period of ten consecutive assessment years beginning with the
assessment year ... computer
software, as the case may be, shall be allowed from the total income of
the assessee :
Provided that where in computing
that
ultimately Aspire Systems (India) Pvt. Ltd. was included in the business of
provisions of software development services and had derived entire revenue
from such ... decision
of the co-ordinate Bench Pune in the case of Veritas Software Technologies
India Pvt. Ltd. (supra) wherein it was held as follows
Purchase of business (including assets) of 118,113,356 Other
SGSCL India branch method
8. Purchase of business (including assets) of 10,263,000 Other ... ITES segment and also include Cybercom Datamatics Information
Solutions from the list of the comparables in respect of software
development services segment.
15. Being aggrieved
Ground 7
Rejection of Ace Software Exports Ltd ('Ace') as a comparable company
Erred in rejecting Ace Software Exports Limited as a comparable ... Software Exports Ltd., which was
rejected by the TPO being functionally not comparable was sought to be
included in the final list of comparables
also includes
heating, ventilation, fire system controls and security system controls
15
ITA Nos. 583 & 619/PUN/2015, A.Y. 2003-04
including video ... which are industrial automation in
steel and cement industries and the railways Software and engineering
services is similar to the system integration of assessee
assessee had entered into various international
transactions with its associate enterprises including payment of commission to
its associate enterprises. The TPO notes the nature ... 1708/PUN/2018
M/s. Tata Technologies Ltd.
Software Distribution Segment included the commission payment to associate
enterprise, which we have already decided
transfer pricing report had prepared
segmental profitability for software development and software consultancy
services. The TNMM method was applied using operating margin over
operating cost ... adopt only the
margins of software consultancy services i.e. offshore services in order to
compute addition, if any, on account of transfer pricing
right to use, any copyright of a literary, artistic, or
scientific work, including cinematograph films or work on film,
tape or other means of reproduction ... artistic or scientific work etc. The question whether the sale of
computer software would partake of the character of Royalties or
Business Profits, recently
