tax deducted at source

This query is : Resolved

Sanjay (Querist)
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04 November 2008 Is TDS deductible on consideration for purchase of software? License on the said software and subscription charges for the same.

Sanjay

CA RAMESH KUMAR AHUJA

CA RAMESH KUMAR AHUJA (Expert)
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04 November 2008 If it is a tailormade then deduct tax at source u/s 194J otherwise not.

Sanjay

Sanjay (Querist)
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04 November 2008 Is your view supported by any case law. I thought this will squarely fall under the definition of Royalty and hence taxable under 194J.

CMA Jitendra Singh

CMA Jitendra Singh (Expert)
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04 November 2008 Dear Sanjay,If you have given specified work contract for this purpose and software developed according to your work order than 194 J applicable.

In case you purchased form shop or abny site means readymade ,no TDS required .

S.Srinivasaraghavan

S.Srinivasaraghavan (Expert)
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04 November 2008 Yes Mr.Jitendra Singh is correct.

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