section 10A ."
6. The Assessee is in the business of rendering software development
services. It has STPI (software technology Parks of India) in Bangalore ... Page 4 of 36
articles or things or computer software outside India, from the export
turnover. The Assessee argued that for an expense
comparable companies for
benchmarking the international transaction pertaining to
IC design and software development services ("impugned
transaction").
4. That on facts ... have erred in law and in facts by rejecting
companies namely Maars Software International Limited
and Zylog Systems Limited on account of having
significant onsite
bringing the receipts on account
of sale of embedded software as royalty.
6. The common ground raised by the Revenue in Cross
objections ... arises is in respect of the
taxation of income from supply of software to Reliance, and in all
these appeals, the Assessee has also agitated
assessee is a company engaged in the business of
rendering Software Development Services. It is wholly owned
subsidiary of Sunquest US. The assessee had entered ... into a master
Software Development Agreement with Misys Physicians Systems
L.L.C dated 25/5/2005 for rendering software development
services. Subsequently another agreement
Services Limited as comparable companies grounds that the
companies are engaged in software testing services, and undertake research
and development activities, disregarding the fact that ... software testing forms
a part of the overall software development life cycle and that no filter with
respect to research and development expenses was applied
Acusis Software India Private Limited , ... vs Ito, Bangalore on 4 November, 2016
IN THE INCOME TAX APPELLATE TRIBUNAL
'A' BENCH, BANGALORE
`
BEFORE SHRI ... 2011
(Assessment year: 2004-05)
Assessee's Appeal
M/s. Acusis Software India Pvt. Ltd., Vs. The Income Tax Officer,
No. 17/2, Dollars
incorporated in the financial year 1993-94 to trade in computer hardware, software and software development. The company started its export activities in the financial ... relating to assessment year 1999-2000. The company is registered under Software Technology Park of India (STPI) w.e.f 25.3.2000. The custom formalities were
engaged in the
business of export of customized electronic data, computer software, articles or things
generated from engineering analysis and Research & Development ... that the assessee had incurred telecommunication expenses attributable to the delivery
of software outside India. He was of the view that the said expenses should
deducted on the amounts paid, for the reason that acquisition of software is inextricably linked to the acquisition of hardware inasmuch as neither of them ... function without the other.
(ii) As the transfer of software had taken place outside India, no profit accrued or arisen or could be deemed
said
company has stated that it is in only one segment of software development
9
IT(TP)A No.1260 /Bang/2013 ... this company. Further this company though
claimed that it is pure software service provider however, this company offered
software solutions, software development, consultancy and information
