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Service Tax on Software

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(Querist)
14 December 2010 The company has taken a software from Microsoft with the help of a third party.
The third party only procures the same and post sale services will be offered by MS. The party charges Service tax on same and then Vat on total Amount. It is a customized software.
Please guide and should the company deduct TDS on same as there is profit element involved.
How can there be two indirect tax together as in works contract also abatement is present.

Please reply with suitable provision and case laws.
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CA Shailesh Kumar Bhagat

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CA Shailesh Kumar Bhagat (Expert)
14 December 2010 Two tax may be possible, since works tax is levied by state govt, and service tax by central govt.

TDS u/s 194C may not be deducted since this is a purchase case of softaware.
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