TaxTMI 
TaxTMI 
2019 (7) TMI 543
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.....T.A.No.1314/Mds/2005, for the assessment year 2001-02. 2.The above appeal has been admitted on the following substantial questions of law, vide order dated 14.07.2008:- "(i) Whether on the facts and in the circumstances of the case the Tribunal is right in law in holding that the appellant is not entitled to relief under Section 80IA in respect of the income arising from installation, AMC charges, technical charges, consultation charges and licence fee? (ii) Whether on the facts and in the circumstances of the case the Tribunal is right in law in not considering the alternative claim that the expenses incurred in carrying on the Annual Maintenance work is an allowable deduction? (iii) Whether on the facts and in the circumstances of....
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....he Act on AMC (Annual Maintenance Charges of ATM) in respect of ATM machines sold by the assessee; (ii) Disallowance under Sections 40A(2)(a) and 40A(2)(b) in respect of purchase of software from Diebold Inc., USA; (iiii) Disallowance under Sections 40A(2)(a) and 40A(2)(b) in respect of purchase of software from M/s.Chip Trans, USA; and (iv) Disallowance of brokerage/commission. 7.We propose to deal with the fourth issue first. The Tribunal while considering the said issue, took note of the findings rendered by the Assessing Officer and the CIT(A). The discussion starts from paragraph 31 of the impugned order. After referring to the statement recorded from the Vice President (Sales & Operations) of the assessee company, the Tribunal ....
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....T(A) as well as the Tribunal and factually, it was found that the stand taken by the assessee does not merit consideration. The following finding would be sufficient to sustain the order passed by the Tribunal:- "19.Further, when we analyze the purchase price and the sale price, it is interesting to note that the sale price of software sold by the Assessee company to various banks was usually same, i.e., Rs. 2,25,000/-. However, the purchase price of software purchased from Chip Trans varies from Rs. 3,17,646/- to Rs. 3,34,004/-. In the case of Diebold, the purchase price of software was usually Rs. 50,568/-. The Assessee was selling the software set at loss when the purchase was made from Chip Trans and made exorbitant profit when the pu....
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....003, wherein the Assessee has furnished the purchase cost of each software set ad sale value and the Assessee itself has given that the Assessee has purchased 312 sets at a cost of Rs. 6.46,39,832/- and the sale value was Rs. 5,48,94,300/-." 11.We cannot be called upon to review and redo the factual exercise in an appeal filed under Section 260A of the Act. Therefore, no substantial question of law arises with regard to the disallowance made under Sections 40A(2)(a) and 40A(2)(b) in respect of purchase of software from M/s.Diebold Inc., and M/s.Chip Trans, and there is no ground made out by the assessee to interfere with the order of the Tribunal in this regard. 12.This leaves us with the first issue, viz., deduction under Section 80IA of....