respect of the
assessees' income derived from export of computer software was
permissible."
2. The facts pertaining to the cases ... engaged in 100% export of
artware handicrafts, home furnishing and software exports. The
assessee had three divisions respectively, in connection with the said
three activities
derived from
the business of export of articles or things or computer
software and the same is eligible for exemption under
section ... entire business of the assessee consists of development
and export of software. The assessing authority did not
agree with the said contention and therefore
assessee is engaged in different types of business activities,
viz., software development services and IT services; manufacture of
Vanaspati/Hydro generated oils; toilet soaps; lighting ... generated from non-STPI/non-SEZ undertakings.
STPI refers to "Software Technology Park" and SEZ refers to "Special
Economic Zone". This
both numerator and denominator, it is observed that the taxpayer has software development centers at Bangalore namely SSDI & ATLAV, the profits of which ... made by the AO on account of software expenses treating the same as of capital nature which stands deleted by the learned
export-oriented undertaking from the
export of articles or things or computer software for a
period of ten consecutive assessment years beginning with
the assessment ... undertaking begins to manufacture or produce articles
or things or computer software, as the case may be, shall be
allowed from the total income
engaged in the business of Development and Export of Computer Software and Human Resource Services. The undertaking of the assessed engaged in the business ... development and export of computer software is in a 'Software Technology Park' (STP) and is eligible for deduction under Section
KGISL got approval as a 100% EOU in the year 1998 from Software Technology Park of India and started its new business of Medical Transcription ... also had another undertaking engaged in the business of development of software exported outside India. To that end it is stated to have imported machinery
Whether the Tribunal erred in law in concluding that
the software expenses incurred by the assessee was revenue
in nature?
(C) Whether Tribunal failed ... appreciate that as regards
the software it was a case of a sale of copyrighted article and
hence the expenditure could not be treated
common order for the sake of convenience.
2. The assessee is a software company. It has exports sales and also domestic sales. The issues raised ... assessee.
5. The assessee came into existence as an unit under the Software Technology Park scheme (STP Scheme) at Maithrivanam, Hyderabad vide approval granted
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
