Service tax & vat on software licenses
This query is : Resolved
22 August 2013
Our company is pur chasing software from microsoft through dealer HCL. they are billing both service tax and VAT.
My query is
1. since service tax is applicable due to dealing between OEM and HCL and HCL is liable as service recepient, why our company at all should pay servicer tax on gross contractual value.
2.VAT i understand is applicable as licenses in physical form received
3. can our company pay the differential service tax ie. differcne between service tax claimed by HCL and service tax actually paid by HCL as service recepient
My query is
1. since service tax is applicable due to dealing between OEM and HCL and HCL is liable as service recepient, why our company at all should pay servicer tax on gross contractual value.
2.VAT i understand is applicable as licenses in physical form received
3. can our company pay the differential service tax ie. differcne between service tax claimed by HCL and service tax actually paid by HCL as service recepient
22 August 2013
HCL is charging the service tax correctly. You can not just pay the differential service tax,You need to take CENVAT Credit, raise the invoice with full service tax and utilise the CENVAT credit for payment your service tax liability
disclaimer- all answers are given as per the facts narrated by you. Answer may differ after study of full facts/statements/agreements etc. involved in the case
disclaimer- all answers are given as per the facts narrated by you. Answer may differ after study of full facts/statements/agreements etc. involved in the case
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