rendering
of any managerial, technical or consultancy services (including the
provision of services of technical or other personnel) but does not
include consideration ... should deduct tax
u/s.194J for technical services for the services provided "1) Support services
such as filed activations, vendor payment queries, entering
income-tax calculated on the income by way of fees for technical services, if any, included in the total income, at the rate ... cent. if such fees for technical services are received in pursuance of an agreement made on or after the 1st day of June
invention. The development
of such software requires highly technical
manpower, with highly sophisticated
infrastructure and huge investments. Similarly,
the software can also be considered ... resident manufacturer along with
computer or computer based equipment under
any scheme approved under the policy of
computer software export, software
development and training
development of computer software,
services for development of software outside India shall be deemed to
be profits and gains derived from computer software exported outside ... computer software including
services for development of software outside India would be treated
as profits and gains derived from export of computer software. The
aforesaid
payment made by the assessee to Hindustan Computers Ltd. was made for outright purchase of computer software which was used as technique in mining operation ... applicable for Assessment Year 200304 to 2005-06 whereby computers including computer software have been specifically classified as an item of asset falling within
treasury services and risk
management services
7.3 The DCIT and DRP have failed to consider that
the management services rendered are neither
technical services ... that STIPL is
rendering managerial, technical and consultancy services to
the assessee by providing services of technical or other
personnel. Thus the services come within
person who has vast
technical knowledge and experience. Accordingly, the payment made to a
commission agent constitutes towards technical services."
10.2 Aggrieved the assessee ... foreign
agents rendered such services which are typical of any commission agency
business. Such services are not 'technical services' and therefore
Shell
Companies.
Exhibit A: Services
Section I
GI Services
The, following services are components of
the GI Services and shall be provided by SITI
under ... embedded in the software or to make copies or sell
the software and only leant right to access/use the
software for its own business
resident manufacturer along with a computer or computer based equipment under any scheme approved under the Policy on Computer Software Export, Software Development and Training ... computer software alone unaccompanied by sale of computer or computer based equipment, such sale of computer software involving transfer of all or any rights including
which are specified under Section 80HHE , viz., computer software or its transmission and providing technical services in connection with development or production of computer software ... purpose of Section 80HHE consists of turnover from computer software business and providing of technical services. Accordingly, we direct computation of deduction under Section 80HHE
