Assistant Commissioner Of ... vs M/S. Msc Software Corporation Of India ... on 24 October, 2018
आयकर अपीऱीय अधिकरण पण
ु े न्यायपीठ ... Income Tax,
Circle-14, Pune .... अऩीऱाथी/Appellant
Vs.
M/s. MSC Software Corporation of India Pvt. Ltd.,
6th Floor, Amar Apex,
Near Baner Telephone Exchange
adjustment of Rs.2,780,728 in relation
to provision of software development services to its Associated
Enterprises ('AE');
2. disregarding the benchmarking ... international transactions of the Appellant pertaining
to provision of software development services to its AE;
17. denying the Appellant the benefit of variation
Assistant Commissioner Of Income-Tax, ... vs Ignify Software Private Limited, Pune on 1 August, 2018
आयकर अपीऱीय अधिकरण पण
ु े न्यायपीठ ... Respondent Asst. Year
No.
1 1471/PUN/2017 The Asst. Ignify Software Pvt. Ltd., 2008-09
th
Commissioner of 401, „C' Wing, 4 Floor
2015
Approva Systems Pvt. Ltd.
6.1 Unjust rejection of Vama Industries Limited (Software development and
services segment) as a comparable company selected ... rejecting Vama Industries
Limited, a functionally comparable company engaged in undertaking software
development activities
6.2 Unjust rejection of DCM Limited (Information Technology service
segment
Institute Inc. US. The assessee
is primarily engaged in providing software development services and onsite
services to SAS Group companies. The assessee ... unit in an area
registered as Software Technology Park and is enjoying tax holiday u/s. 10A
of the Act. During the period relevant
income.
2. Addition of Rs.10,70,641 by treating the computer software
expenses as capital in nature
2.1 The learned AO has erred ... making an addition of Rs.10,70,641 by
treating the computer software expenses as capital in nature.
3 Addition
records are : The
assessee company is engaged in the business of providing software
development and other IT Enabled Support Services (ITES ... tune of
Rs.3,16,92,998/- on account of software development and other ITES
Services. The assessee followed Transactional Net Margin Method (TNMM
recomputing the transfer price of the international transactions
relating to software development services provided by the appellant ... assessee company while
determining the ALP in respect of the provision of software development
services without appreciating that the companies selected by the
assessee were
learned CIT(A)']
erred in treating the payments for software licenses fees as 'Royalty' as
per Section ... learned
CIT(A) has erred in holding that computer software can be considered
as literary work under the Copyright Act, 1957 .
b. On the facts
Rejection of loss making companies.
5. Erroneous rejection of CG VAK Software and Exports Limited
identified as comparable by the Appellant
Erred on facts ... rejecting CG VAK Software and Exports
Limited from the set of comparable companies identified by the Appellant
by erroneously applying the filter of rejecting companies
