India Pvt. Ltd. The plaintiff is a world famous for its business software such as Microsoft Windows, Microsoft Office etc. which are installed and used ... ergonomically designed 'Mouse' and Keyboard. It is stated that software developed and marketed by the plaintiff is "computer programme" within
next issue for consideration relates to expenditure for purchase of software claimed as revenue expenditure. The Assessing Officer found that the assessee purchased software ... claim as revenue expenditure was made on the ground that the software does not last long. The contention of assessee was rejected by Assessing Officer
undertaking from the export of articles or things or computer software is required to be allowed from the total income of the assessee ... submitted that the company operates the following 3 divisions:
(a) Software service division
(b) Product service division
(c) Systems service division
7. The software service
loaded
into the blank EPROMs. The appellant submitted
that a computer software is a designed programme
recorded on a media commonly called ... ground that the said exemption notification gave
exemption to softwares falling under heading 85.24
from whole of duty of excise. In the circumstances,
the appellant
engaged in the business of Development and Export of Computer Software and Human Resource Services. The undertaking of the assessed engaged in the business ... development and export of computer software is in a 'Software Technology Park' (STP) and is eligible for deduction under Section
Limited Company engaged in the business of sale of Computer Hardware and Software. The products sold by the assessee carry warranty for specified period ... next issue of appeal is against treatment of purchase of software amounting to Rs. 33,14,298/- as capital expenditure as against claim of assessee
under Section 195 in respect of payment made for purchase of software from various concerns abroad.
2. Since the appeals before learned CIT(A) were ... Sonde submitted that the assessee is carrying on business of trading in software packages commonly known as 'shrink wrapped software packages' or canned
purview of
Customs Notification No. 29/99 as 'information
technology software' for claiming exemption from
payment of duty?
Respondent/assessee (for short ... relevant portion of the notification:
"85.24 - (i) Information technology
software, and
(ii) Document of title conveying the
right to use Information Technology
software.
Explanation
spares; that problems relating both to hardware as well software were covered under the technical support agreement and that the engineers sometimes had to find ... equipment and Page 0075 to restore the functionality of equipment and the software. According to the appellant, the agreement can be termed as a contract
treating the license fees paid on account of user of computer software programme as capital expenditure as laid down in Section ... shows that such license fees were paid for use of the 'Software System' sans ownership, control and are different and distinguishable from
