Ground No.9 and 10 is regarding the disallowance of
cost of software. The Assessing Officer while computing the income of the
assesse disallowed cost ... software treating it as capital expenditure on the
8
ITA Nos.2563/Mum/2007 & ITA.No.2702/MUM/2007&
ITA.No.6299
business and commercial need by
appellant company for implementation of SAP software and erred in
upholding the TPO's contention that the cost ... company documenting the benefits derived by it from the
implementation of SAP software.
6.3 That on facts and circumstances of the case
Avaya Global Connect Ltd. vs Acit Range 7(3) on 29 July, 2008
ORDER
N
WIPRO and Logica for providing network access to use copyright
software in the nature of royalty even though the same is governed by
Double Taxation ... WIPRO and Logica for providing
network access to use copyrighted
software to be in nature of royalty, on
the alleged ground that payment
received
interest on ECB 10,784,304 Other Method
loan
(vi) Payment for Software 104,655,437 Other method
charges (S3 and IS charges)
(vii) Recovery ... technical know how, payment for interest on ECB loan and
payment for software charges. The details of TP adjustment made
contracts with non-resident-entities and made
certain payments for purchase of software.The assessees made applications u/s.195 of the
Act, requesting ... held
that the assessees did not own any rights for transferring the software licenses,that they were
not having the power to decode the machine
which was
passed by the Hon'ble DRP accepting software distributors as appropriate
comparable to benchmark the Appellant's international transactions;
7. erred ... Appellant
under section 92C of the Act and disregarding the fact that software
distributors are appropriate comparables to benchmark MSMD's
international transaction
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
comparables considering the assessee's
turnover of Rs. 22.29 crores from software development services segment
and also erred in not applying the filter ... Mindtree Ltd., which had large scale of operations in comparison to the
software development segment of the assessee?"
(ii) "Whether on the facts
Technologies Ltd. ('IKF Technologies')
6.2 Lee & Nee Software (Exports) Ltd. ('Lee &: Nee Software')
6.3 Allsec Technologies Ltd ('Allsec ... adjustment are
that, the assessee company is registered as STPI unit with Software
Technology Parks of India. The functions performed by the assessee
includes rendering
