2014 (3) TMI 1162

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....g for the appellant. Perused the concurrent orders of the Commissioner of Income Tax (Appeals) and the Income Tax Appellate Tribunal dated 31st August 2010. The Assessment Year in question is 2002-03. 2. Mr. Suresh Kumar submits that all three questions which are framed at page nos.5 and 6 of the Memo of Appeal are substantial questions of law. He submits that the Tribunal as also the Commissione....

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....With the assistance of Shri Suresh Kumar, we have perused the findings both the Commissioner of Income Tax (Appeals) and Income Tax Appellate Tribunal. As far as first point is concerned, it is conceded that from the Assessment Year 2003-04 by way of amendment to the Rules, i.e. Income Tax Rules computer software was clubbed with computers as the depreciable asset enjoying rate of depreciation at ....

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....stantial question of law. 6. As far as second aspect is concerned, it has been found that the same is linked with the first issue/question. 7. The Officers have to be trained after the software is delivered to the customer. There is a finding of fact that the training activity is incidental to the sale made by the assessee company in respect of the products manufactured. Unless the users are tra....

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....with the price in relation to international transactions entered into by the assessee with it's subsidiaries is concerned, commission has been paid on customisation fees which was computed at Rs. 5,35,03,798/- as against Rs. 4,81,53,418/- which resulted into upward adjustment to the income of the assessee. The argument was that the assessee has subsidiaries which act as a sale and marketing of....