Software Communication Ltd. And Ors vs 1337X.To And Ors on 26 February, 2019
Author: Manmohan
Bench: Manmohan
19-26
$~
* IN THE HIGH COURT ... 6985/2018, I.A. 8949/2018, I.A. 16781/2018
UTV SOFTWARE
COMMUNICATION LTD. AND ORS ..... Plaintiffs
Through Mr. Sai Krishna Rajagopal, Advocate
with
already factored the cost of interest in its pricing
while providing software development services to its associated
enterprise.
4.4 That the assessing officer/TPO erred ... aggregate book value of
investment in the equity shares of Flextronics Software Systems
Limited ('Flextronics') in the books of the appellant and Future
profits derived from its Software Technology Parks of India (STPI)
registered unit. Sec.10A(4) provides the methodology of computation of
deduction ... that the profits derived from
export of articles or things or computer software shall be the amount which
bears to the profits of the business
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
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
under:-
The Assessee-Company is engaged in the business of development
of Software. The Assessee entered into a Licence Agreement with
M/s.Bluestone Software ... Company was a
payment of 'Royalty' for use of Copyrights, Software and Logo of US
Company and was covered by Article
Length Price (ALP) in respect of international transactions of
(a) rendering Software Development Services (SWD services) (b)
rendering of Research and Development Services ... adjustment to the transfer price of
the Appellant in the contract software development services by
Rs.9,819,200 and in the contract Research
Panel also erred in confirming the same.
a) Akshay Software Technologies Limited
b) E Zest Solutions Limited
c) Evoke Technologies Private Limited ... year ('FY') 2013-14 was not available, (ii) companies with
software development service revenue less than 75% of total operating
revenue, (iii) companies
belonged to M/s Software Consultants (P) Ltd. (hereinafter referred to
as 'SCPL') and `3,93,115/- belonged to NDMC. With regard ... Computer Land
Intergators (I) Ltd. Rs. 3 20.882 - belongs to M s Software
Consultants (P) Ltd. and Rs. 3.93,115/- belongs to the
NDMC. lnspite
nine comparables submitted by assessee,
by observing as under:-
―UTV Software Communications Ltd: The standalone
financials of the company show (Schedule 21(h)-Revenue
Recognition ... 1637/Mum/2016
2. Zee News Ltd 15.17%
3. I/TV Software Communications -3.10%
4. Ibn 18 Broadcast Ltd {TV18 4.11%
Broadcast Limited
