software service company. Software development, implementation
and support services are various sub-segments of software development
services. Even other services provided by the comparable, such ... software applications, are in the
realm of software services and are performed by software engineers. The sale
of license by the comparable constitutes only
software product
by name "DXchange", it was submitted that
this company would have revenue from
software product sales apart from rendering
of software ... another Vs.
Wittness System Software India Private Ltd.
31/38
aforesaid company has revenues from both
software development and software products.
Besides the above
therefore, it cannot be
[2013] 35 comparable.
considered to be a good
Taxmann 145
(Mum) comparable.
Comparables have
to be tested for each
year independently ... eliminated from the
making unit cannot list of comparables.
be considered as a
comparable.
Comparability of an
uncontrolled
transaction with an
international
transaction
Report. The extent of profit from software services,
in the overall kitty of profits from software services and software products,
cannot be separated because ... comparable from
the list of comparables."
[Emphasis Supplied]
33. Both the aforenoted comparables have been excluded on the ground that
apart from rendering software
company is producing the ERP software
products called Shine, the internationally
proven ERP software and other software
products called Docuflo (Document
Date of Judgment ... this comparable, case of the
assessee is that the company is not a good
comparable in view of the software products
produced by the company
comparables or even though
comparable Entities were functionally different
entities from the Entities in the list of
Departmental comparables, as against the
comparables sought ... making such a comparative analysis and
pronounces upon the questions as to which Filter
is good and which comparable is really
comparable case
India) Private Limited.
10/16
allocate expenditure proportionately to the
software development services and software
product activity cannot be said to be correct and
reasonable ... Software Systems Ltd., was also held to be
functionally not comparable with a software
development service provider such as the
Assessee by the ITAT Hyderabad
Communications Technologies Pvt. Ltd.
4/15
to state that the comparables are all into software
development services in one way or the other ... Broadcom Communications Technologies Pvt. Ltd.
8/15
comparables fro providers software development
services in the judicial decisions cited by the
assessee (supra at para
software products business, merely because it
has developed software products by following
software development process, without having
legal ownership on such software products ?
4. Whether ... software products
and not purely or mainly software
development service provider. We therefore
accept the plea of the Assessee that this
company is not comparable
India) Private Limited.
10/16
allocate expenditure proportionately to the
software development services and software
product activity cannot be said to be correct and
reasonable ... Software Systems Ltd., was also held to be
functionally not comparable with a software
development service provider such as the
Assessee by the ITAT Hyderabad
