Software related service.

This query is : Resolved

PIYUSH AGARWAL (Querist)
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07 January 2014 i m a company, i took a AMC of software firewall to prohibit employees to enter unoffical websites during office hours.
They provded this bill
Example:-
Value = 30000
ST @ 12.36% on 30000 = 3708
CST @5% on 33708 = 1685
Total 35393

I want to know whether this bill is correct. and whether i should deduct TDS at a rate of 10% on 33708. under 194J i should deduct TDS as its amount to payment of royalty.

Annu Agarwal

Annu Agarwal (Expert)
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07 January 2014 Tds shall be deducted @2% under 194C as it is a AMC contract.It does not amount to payment of royalty .

PIYUSH AGARWAL

PIYUSH AGARWAL (Querist)
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08 January 2014 sorry but as far i am concern section 194J will apply, as on payment of royalty tds has to be deducted as per section 194J and as per amended provision by finance act 2012, imparting of any information cocerning any technical knowledge and skills will be included in the definition of royalty,,,, and thus paymet for software repairing will attract section 194J.
How far i am correct. please reply.