software development services and IT services; manufacture of
Vanaspati/Hydro generated oils; toilet soaps; lighting products;
pharmaceuticals & Neutraceutical products; leather products;
computers, hydraulic ... unit by treating the
cost of development of shrink wrap computer
software as work in progress and therefore cannot
set off the loss
towards
management services fees to be in nature of fees for Technical
services („FTS‟) in terms of Article 13 of India-France Double Tax
Avoidance ... Services
Agreement is managerial services. It is plain that once the
expression "managerial services" is outside the ambit of "fee for
technical
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
such services are 'made
available' to the services. In this regard, it is stated that the referral
services/other services are provided only ... referral services/other services are provided to support Surf
Gold in carrying on its business. These services do not make available any
technical knowledge, skill
Abbey
National Plc, UK, can be categorized as 'fees
for technical services' under Section ... rendering of any
16
managerial, technical or consultancy services
(including the provision of services of technical
or other personnel) but does not include
consideration
software (including
services for development of software) outside India shall be deemed to be the
profits and gains derived from the export of computer software ... services rendered by
assessee under software development segment. Therefore, it cannot
be held that services rendered by assessee, does not fall under
software development service
India and for
receivi ng software maintenance and other technical su pport services
by PE of app ellant fo r use of CBS system ... Software Solutions services
included Y2k work for Vision Software and related IT solutions.
1.5.3: Information Technology (IT) service delivery included
services - processing co re software
services as well as
provision of software services and in providing Medical Transcription and
Medical Coding services as well as legal process outsourcing services ... provision of KPO
services and sale of software products. According to the assessee this
entity is engaged in providing software development services. Ld. TPO
examined
Appendix I to the Income Tax Rules where under
computers, including computer software are entitled to depreciation at the rate of
60%. 'Computer Software ... computer to perform a specific task. Most
computer devices require programs to function properly. A computer
program is usually written by a computer programmer
received
by the appellant. The appellant suo motu computed the ALP at 16% under
technical support services. Accordingly, it exercised its option as per proviso ... fees for technical/included services" only if the twin test of rendering
services and making technical knowledge available at the same time is
satisfied
