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Co. deriving income from sales of licences isn't comparable with co. providing software developing services

November 5, 2018[2018] 98 taxmann.com 369 (Delhi - Trib.)

IT/ILT: Where a company besides software development and other IT support services, onsite and offsite, had also rendered services in nature of advisory and consulting, launching job portal, and record did not reveal mode of earning revenues from running such activity, it should not be selected as comparable to software development service provider

IT/ILT: Where turnover of a company was around Rs. 15,648 crore whereas turnover of assessee was Rs. 109 crore, said company could not be a match to assessee with its huge turnover

IT/ILT: Where a company was deriving income from sales of licences export of SEZ unit, from export STPUI unit and a sum from subscriptions and no segmental information was available, said company was not suitable comparable to software development service provider

IT/ILT: Where a company was not a mere software developer but, was involved in products and innovative functions like visual computing labs with track record of making India's first full length animated film with all its impact on its comparability, it was not a good comparable to assessee, a software development service provider

IT/ILT: Foreign exchange loss or gain arising out of transaction of revenue nature has to be considered as part of operating profit/cost

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