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SERVICE TAX ON SOFTWARE

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(Querist)
04 January 2011 A BANKING COMPANY DOWNLODED SOFTWARE FOR DAY TO DAY USE , FOR RS 500000/- INDIAN SUPPLYER ASK TO PAY RS. 51500/- FOR SERVICE TAX APART FROM VAT 4%/ NOW

1) WHETHER SERVICE TAX CHARGABLE ON THIS EVEN 4% VAT PAID.

2) SOFTWARE IS GOODS THEN IS THIS CAPITAL GOODS OR INPUT SERVICE CENVAT ON THIS HOW CAN BE SETOFF AGAINST SERVICE TAX LIABILITY.


OR THIS SERVICE TAX IS EXEMPTED WITH REFERENCE TO NEW CIRCULAR 53 /21-12-2010

BEFORE MAKING REPLY PLEASE GO THROUGH CENVAT RULES AND CIRCULAR
THANKS IN ADVANCE
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CA Shailesh Kumar Bhagat

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CA Shailesh Kumar Bhagat (Expert)
04 January 2011 1. Service tax is chargable in case of otherthan packed software.

2. In this case software is not a goods, since it is not a packed software.

3. No service tax is not exempted as per the circular mentioned.
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