Skip to main content
Indian Kanoon - Search engine for Indian Law
Document Fragment View
Matching Fragments
Therefore, on consideration of facts of the
cases and the judicial decisions referred to above,
we are of the view that the sale/purchase of OCLC
products involve transfer of property in the form
of intellectual property /technology in the form of
databases in softwares. Besides the above
decisions quoted, the Hon'ble High Court of
Madras has decided in the case of Infosys
Technologies Ltd., Vs. SC and CCT, Chepauk,
Chennai reported in (2008) 17 VST 256 that the
customized and non customized software are
goods liable to be taxed on their sales. The
respondents have sold the intellectual property
through OCLC products in India in the capacity of
distributor on behalf of a foreign principal, the
transactions are liable to be taxed in the light of
above decisions. It is not the website access
charges, but the subscriptions or prices of OCLC
products sold were collected by the respondents
from the Indian customers in Indian currency and
paid the same to the foreign vendor principal in
https://www.mhc.tn.gov.in/judis
T.C.(R)Nos.38 & 39 of 2021
foreign currency. The claim that the customers
have no right to alter/edit/change the contents of
the database does not support the respondents
since the database sold through online full fill all
the criteria of a goods as held in the decisions
referred to above.