Itta/233/2014 Of Commissioner Of Income Tax-Ii v. Intoto Software India Pvt Ltd

HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDHON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A.No.233 of 2014 Date: 27-03-2014 Between: Commissioner of Income Tax-II,Hyderabad .....Appellant AND M/s Intoto Software India Pvt. LimitedHyderabad ...Respondent HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDHON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A.No.233 of 2014 JUDGMENT:(per Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta ) We have heard learned Counsel for the appellant, and havegone through the judgment and order of the learned Tribunal. The learned Tribunal on fact found in the manner as follows:“ Having heard both the parties and having gone through thematerial on record, we find that the TPO at page 37 of his orderhas brought out the differences between a product company and asoftware development services provider. Thus, it is clear that heis aware of the functional dissimilarity between a product companyand a software development service provider. Having taken noteof the difference between the two functions, the Assessing Officerought not to have taken the companies which are into both theproduct development as well as software development serviceprovider as comparables unless the segmental details areavailable.” In view of the aforesaid fact-finding of the learnedTribunal, this Court cannot re-appreciate the same. Accordingly, the appeal is dismissed. Miscellaneouspetitions pending, if any, shall stand closed. No order as to costs. ___________________SENGUPTA, CJ K.J. __________________ SANJAY KUMAR, J