transferable license to the customers for a specified
10
period only. The customers have no right to use the software
after the subscription period ... purely for copyrighted software
product as against payment for giving any right to use any
copyright in the software. The customers have a very limited
vendor of the
software has assigned „right to use software‟, further the software is
invoiced separately the payment made for acquiring software ... software without the equipment and
the equipment without the software cannot put to use independently.
The software and the machine is customer specific
expenditure of Rs.
3,98,41,574/- for product development and customized software
development and later on it marketed the same to its clients ... transferred all the rights in the product
software including intellectual property in such software to its
customers. The learned CIT(A) thus came
accordingly, although they had quoted the value of equipments and the customized software separately in their tender.
The prices of each equipments were finalized vide ... ground that original invoices do not indicate that customized software, other than packaged software canned software have also been supplied with DWDM.
The Assistant Commissioner
subject software has no independent value of its own.
d) No copyrights in the software are transferred to the customers.
e) No access ... inseparable package also containing software programs and
features other than the Software. Buyer may use such other software
programs and features unless expressly provided otherwise
containing the following: -
"a. Memorandum of Association,
b. Addendum to customize software development
and support agreement."
5. According to the learned Counsel, these ... issue and he particularly referred to the addendum to the
customize software development and support agreement between the
assessee
premises at Shoghi, District Shimla, Himachal
Pradesh and the software was customized and modified
before loading it to the hardware. Respondent-assessee
claimed deductions under ... case of software and in
computer software the intellectual property has been
incorporated on media for the purposes of transfer and
.
software and media cannot
news
broadcasting through its three different channels. It is also producing customized
software, programmes for broadcasters. It filed its return of income on 30.09.2009
declaring
Pitney Bowes India (P) Ltd., New Delhi vs Dcit, New Delhi on 29 May, 2017
user to use the process by
using the software, as the customer does not have
any access to the source code. What is available ... software product as such and not the
process embedded in it. Several processes may be
involved in making computer software but what the
customer uses
