First Party, research, developments,
inventions, processes, designs, engineering,
formulae, software (including source and object
code), trade secrets, technical know-how, hardware
configuration, computer programs, algorithms
three software modules now in use work on
outdated technology and require high implementation
cost.
(b) The above three modules can only be used till ... Board.
(e) Some changes have been made in the source code
of the software modules. After the last audit, some
changes were made to rectify
towards purchase of software. As a result of the
outlay, the assessee secured a license to use the software. The
license was available ... assessee secured
limited right of use of the software. It did not secure the source code.
It was prevented from modifying or duplicating the software
improvements;
(iv) all know-how and trade secrets; v) all design and code documentation,
methodologies, processes, design information, design flows, encoding
techniques, applications, product information ... kind; (vi) all
software programs in both source code and object code format. including
all testing software and software tools: (vii) all documentation, records,
databases
technology software" is seen defined
under Section 65(53a) of the Finance Act, 1994 as follows
:-
65(53a) "information technology software ... means any
representation of instructions, data, sound or image,
including source code and object code, recorded in a
machine readable form, and capable of being
means any representation of
instructions, data, sound or image, including source code
and object code, recorded in a machine readable form,
and capable of being ... than
packaged software
or canned software.
(b) Packaged 12%
Software
Explanation.- The
expression
"packaged software
or canned software"
means a software
developed
development and export of
software and software developing units operating under
EPZ/EHTP/STP scheme will be allowed to import software
through data- communication/telecommunication ... means any representation of
instructions, data, sound or image, including source code and
object code, recorded in a machine readable form, and capable
of being
development and export of
software and software developing units operating under
EPZ/EHTP/STP scheme will be allowed to import software
through data- communication/telecommunication ... means any representation of
instructions, data, sound or image, including source code and
object code, recorded in a machine readable form, and capable
of being
software; (ii) rent, lease, timeshare or otherwise
grant access to the software or its results or
sublicense, distribute or otherwise transfer the
software ... software, or any part thereof, or merge the
software with other software; (iv) reverse
engineer, decompile, disassemble or otherwise
attempt to derive the source code
means any representation of instructions, data,
sound or image, including source code and object code, recorded in
a machine-readable form, and capable of being ... representation of instruction, data sound, or image
including source code or object code by machines of a computer or an
automatic data processing machine
