TABLE OF CONTENTS
TABLE OF CASES;
INTRODUCTION;
RESEARCH METHODOLOGY;
2.1 Contextual Framework;
2.2. Scope and Limitations;
2.3. Method of Analysis;
2.4. Review of Literature;
2.5. Research Questions;
2.6. Mode of Citation;
UNDERSTANDING COMPUTER SOFTWARE;
3.1 Genesis of Computer Age;
3.2 Understanding Hardware;
3.3 Understanding Computer Software;
- Software: How It Has Been Defined?;
COMPUTER SOFTWARE PROGRAMMES AND SOFTWARE CATEGORIES: QUESTION OF TAXABILITY;
4.1 Systems or Operational Software;
4.2 Taxability of Operation Vis- a- Vis Application System;
- Judicial Scrutiny from US Court's Perspective;
4.3 Different Software Categories:
- The Canned Custom Continuum;
4.4 Taxability of Canned and Custom Software;
TANGIBLE VIS A VIS INTANGIBLE SOFTWARE;
5.1. Exploring Jurisprudential Basis:
Common Law Relationships between Tangible & Intangible;
5.2 Periodization of Selected Case Law Addressing the Issue of Tangibility;
- Trend during the 1970s;
Analysis of 1970s Trend;
The Knowledge Principle;
Essence of the Transaction Test;
- TREND DURING THE 1980s;
Analysis of Trend in The 1980s;
Relative Value Test;
- TREND IN THE 1990s - TO-DATE;
Norwest Corp. v. Commissioner Case;
Analysis Of Trend In 1990s;
5.3. Analysis of Judicial Arguments and Analogies To Other Products;
5.4 How Far Software Fit Into Common Law Modal Of Intangibility?;
5.5. In what sense, if not in common law usage, does software consist of separable tangible and intangible elements?;
SOFTWARE: WHETHER GOODS OR SERVICES?;
6.1. Goods Verses Services;
Position under Uniform Commercial Code;
Right of Repossession ;
6.2. U. K. Perspective ;
6.3. Indian Perspective ;
THE INTERNATIONAL PRICING AND VALUATION OF . COMPUTER SOFTWARE;
7.1 Question Of Valuation Of Computer Software;
- Market-based method;
- Income capitalization method;
- Cost method;
7.2 Pricing Of Software In International Market;
- Price Structures;
COMPUTER SOFTWARE TRANSACTIONS;
8.1 Typical Software Transactions;
- Inbound Software Transactions;
Distribution Model;
Copy and Distribution Model;
Distribution through Internet Model;
Customization Model;
Enterprise Resource Planning Model;
- Outbound software transactions;
Body Shopping;
On -site Development;
Off-site Development;
Value added software;
8.2. CHARACTERIZATION OF SOFTWARE PAYMENTS;
- Policy Responses;
- US Perspective;
- OECD Perspective: Article 12;
- Australian perspective;
- Indian Perspective;
- Software vs. Digital transactions;
TAX TREATMENT OF SOFTWARE IN INDIA;
9.1 Indian Software Exports;
9.2 Policy Environment in India;
- Policy Incentives;
- Software Technology Parks;
- On Customs Related Issues;
- On Income Tax Related Issues;
- Excise Duty;
- On Exim Policy Related Issues;
- Service Tax;
- Incentives Provided By RBI for Software Companies;
CONCLUSIVE SUBMISSIONS;
BIBLIOGRAPHY;
ANNEXURES;
1. OECD REVISED COMMENTARY ON ARTICLE 12;
2. OECD, TAX TREATY CHARACTERIZATION ISSUES ARISING FROM E-COMMERCE, (FEB. 1, 2001).;
3. INDIAN SOFTWARE EXPORTS - BREAKUP COUNTRYWISE;
4. RELEVANT EXTRACTS FROM INDIAN INCOME TAX ACT;