respect of the
assessees' income derived from export of computer software was
permissible."
2. The facts pertaining to the cases ... Memorandum of
Association that it could carry-out business in computer software and
that M/s. Maxtech iSolution was not shown to be an undertaking
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
card transaction processing
services; providing electronic
mobile payment services for
others; payment processing
services, namely, providing
virtual currency transaction
processing services for others;
Signature ... payment processing; Computer
services, namely, acting as an
application service provider in
the field of information
management to host computer
application software for the
purpose
DTAA between
India and Sweden dealing with royalties and fees for technical services.
After considering the matter from all angles, the A.O. concluded that ... give the computation as follows:-
"The total supplies made during the year for
hardware in US $ 3,80,74,540/- and software
managerial services, technical services and
consultancy services, and it includes provisions for services of
ITA 229/2014 Page 6 of 17
technical and other personnel ... services, we mean in this context services
requiring expertise in technology. By consultancy services,
we mean in this context advisory services. The category of
technical
minimum use of computers or information technology
enabled tools. The respondent-assessee was, therefore, not involved in the
development of computer software or information technology ... that product or services, to be included
within clause (b) of Explanation 2 to Section 10A , need not be computer
software as understood
available to software exporting units for providing consultancy services for development of software on-site abroad and that consultancy fees received by software units ... context, computer software (used in contrast with computer hardware) will include all services where computer hardware viz., computers are used as professional tools for processing
undertaking
from the export of articles or things or computer software as specified
therein has to be computed in terms of Section ... things or computer software outside India or expenses, if any,
incurred in foreign exchange in providing the technical
services outside India.
xxxx xxxx xxxx xxxx
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 ... rendering of any managerial,
technical or consultancy services (including the provision of
services of technical or other personnel) but does not include
consideration
