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Taxes on Software license

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(Querist)
09 June 2009 We are dealing in software license. Whether service tax and vat both are applicable on software license and on what amount.

eg 1) Basic bill amount Rs,. 100
Service Tax @ 10.3% Rs. 10.3
Vat on 110.3 Rs. 4.41

eg 2) Basic bill amount Rs,. 100
Service Tax @ 10.3% Rs. 10.3
Vat on 100 Rs. 4

Can u also provide me any notification/ circular for future reference.

Thanking you in advance
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Madhukar N Hiregange

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Madhukar N Hiregange (Expert)
10 June 2009 Both the laws apply to software. However when downloaded electronically only servic etax is said to be attracted.
The SC in the case of TCS decided that the software is a product and VAT is applicable.
In my view only VAT is applicable and not Service tax. However the matter is still tobe resolved.
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