clearly provides that Infosys can "modify and
prepare derivative works based on the Software
[supplied by the assessee], including, without limitation,
incorporating the Software ... ownership over the software supplied by the
assessee and derivative works based upon such software. As
per clause 2.1 [p.271], the software
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 ... software; reverse engineer, decompile, disassemble,
modify, translate, make any attempt to discover the source code of the software
and create derivative work of the licensed
other intellectual property right which subsist in the software, (iii) the title of the software
shall remain with the assessee ... adapting, modifying merging, revising, improving,
translating, upgrading, enhancing and creating derivative works of the software for any
purpose, including error correction or any other type
clients located outside
India. Due to the peculiar nature of software
development work, it has been suggested that
such deputation of Technical Manpower
abroad should ... profits and gains derived from 'services
for development of software' outside India
would also be deemed as profits derived from
export
documented needs, utilizing
3. Synthesize the standard procedure and
information and techniques.
derive trends/critical 5. Preparation of test plans and also
areas of concern ... received from the data/information into the various
states. software packages under
7. Analyse working implementation and generating
LPA. 417/2019 Page
articles or things or computer software is available.
According to the AO in normal parlance manufacture of computer software
is not akin to manufacture ... even for AY 2012-13.
7. On the question whether persons working in software industry can
be said to be "Workmen
lease have also
been provided by the assessee only by selling the software / programs vide
agreement dated 29.12.2009 with the condition that the purchaser party ... derivative works out of the product nor would sale or
give license of the product to any competitor of NIIT the nature of software
/ programmers
operating business
of rendering software development services but this cannot be held
as derived from operating business Software Development.
Accordingly, though there is no denying ... gain or loss due to working
capital employed is excluded from profit margin as it is not derived
from operating business activity.
15. Further
development of computer software and not in rendering any technical
services. Communication expenses were incurred not for export of
computer software outside India and therefore ... respect of the profit
derived by an assessee from the export of articles or things or computer
software etc. in accordance with conditions provided therein
foreign company. For the
purpose of this authorisation to use the software,
trademark and logo in the product, the assessee is paying
the annual ... copyright of a
literary, artistic or scientific work, including
cinematograph films or work on film, tape or other
means of reproduction for use in connection
