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"Explanation-4 inserted by the Finance Act, 2012
has puts at rest all the controversies and doubts. It
expressly states that transfer of all or any rights in
respect of any right, property or information
includes and has always included transfer of all or
any right for use or right to use a computer
software including granting of a licence irrespective
of the medium through which such right is
transferred. Therefore, the terms of Cost Sharing
Agreement explicitly mention that the Canadian
Company has developed internal telecommunication
and communication tool which is accessible only to
:-9-: ITA. Nos: 1573, 1574 &
1575/Chny/2023
SA Nos: 20 & 21/Chny/2024
the members of CGI worldwide. Therefore it is an
intranet facility. Further it declares that the
Canadian Company holds the intellectual property
rights in the said CGI Information Technology
Infrastructure facility. It has allowed the assessee
to use the said facility subject to the terms and
conditions stipulated in the said agreement."