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Do we have to charge vat + service tax sale of software upgr

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Querist : Anonymous

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Querist : Anonymous (Querist)
20 December 2011 Hi Sir,

We had imported a License upgrade for one of our client for resale and we received the same in the form of paper license (ie., Product Activation Key) with out any media. I would like to know.

1) Should I charge both VAT/CST & Service Tax or any one, cuz our client is asking us to bill 2% CST against C-Form and Service Tax, my Sale is interstate.
2) Also pls clarify is there any TDS applicable for this? if yes how should we deduct to Foreign suppliers & what is its procedure

Pls revert back at your earliest.

Thanks in Advance.
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U S Sharma

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U S Sharma (Expert)
20 December 2011 1)import of software and its updates are liable to service tax under reverse mechanism. TDS also applicable u/s 195

2) VAT/CST + service tax both applicable on sale of softwares / updates.
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