only
at the site of the customer. The nitty-gritty of the matter is that a
customized software cannot be ordinarily developed without
spending some ... software and services for development of software with the
development of software from the eligible undertaking, the
consideration awarded for onsite development for computer
software
taxable in its hands as the software
in consideration was standard software and not customized software.
7. The learned Departmental Representative for the Revenue ... software during the
licensed term. The claim of assessee was that the said software was standard
software and not customized software, wherein the title
unit and pointed out that there was
overlapping of customers and also the software cost was much higher than the
design cost. He then referred ... assessee on customers specific engineering requirements incorporate the
same in software code to run customers data and give automated designs.
The assessee has also filed
said software. During the year under consideration, the
assessee had earned revenue from sale of software license in India including
certification and software by authentication ... user customers in India either directly or indirectly through authorized
distributors, resellers, etc. It was further pointed out that no customization of
Symantec software
established software
products, educational services organization. It has several off-the Shelf
software solutions that are sold as it to the customers. Website extracts ... that M/s. Compucom Software Ltd. (Software Segment) is engaged in a
wide spectrum of activities noted earlier and its customer profile includes
Government bodies
present
appeal i.e. Whether the payments received for supply of software falls
within the definition of royalty has been considered ... software supplied by the assessee to the Indian companies was not
customized software but were purchased off-the-shelf. The agreement for
supply of software
analysis of the
5
ITA No.2549/PUN/2012
BMC Software India Private Limited
Software Development services at pages 18 and 19 of the Transfer ... development of the
software modules is largely done by the assessee. Since the
software are to be developed for the ultimate customers of BMC
overseas
range of IT services regarding SAP
implementation, maintenance, project development, support, customization of
softwares, etc., the Assessing Officer held the same to be technical services ... decision, the same was applied. He then held that payments for acquiring software
license was taxable under the Income Tax Act as well as DTAA
assessee on grant of licence for use of software. The AO held that
the software was licensed and not sold in as much ... fact that the assessee authorized use of the copyright of the
software to customers in India, which was a patented software, he
held that
compute the PLI of the assessee for the software development
segment and the software distribution segment and make consequent
changes to the transfer pricing adjustment ... providing software development services
to its associated enterprises. The assessee was also engaged in sale of
software license to the Indian customers, providing software implementation
