Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2016 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (12) TMI 1655 - ITAT DELHITPA - comparable selection criteria - Held that:- Assessee being global leader in manufacture, integration and support of IP based, end-to-end networking and telecommunication solutions, set up its branch office in India in December 2001, to enable UTS US to offer its products and services in the Indian market. The assessee provides software development services and marketing support and IT Enables customer support services to UTS US Customers in Asia-Pacific region, thus companies functionally dissimilar with that of assessee need to be deselected from final list. Benefit of section 10A - Held that:- Following the law laid down by Hon’ble High Court in DDIT vs. Virage Logic International (2016 (11) TMI 456 - DELHI HIGH COURT ), we are of the considered view that since assessee company has exported computer software from India to its Head Office in US as per its requirement and not sold to any third party, it is entitled to exemption u/s 10A, so AO / DRP have erred in denying the benefit of section 10A to the assessee. So, the matter is restored to the AO to decide afresh in accordance with the law laid down by the Hon’ble jurisdictional High Court and the directions issued herein before.
|