Tds of software purchase

This query is : Resolved 

29 January 2014 We bought a computer software of Rs. 200000/-, purchaser charged VAT on their sale bill.Please tell me, TDS deducted on their bill.

30 January 2014 Finance Act 2012 has amended the definition of “royalty”. The amendment in section section 9 (1) (vi) now defines ‘royalty’ as any ‘right for use’ or ‘right to use’, a computer software (including granting of a license), irrespective of the medium through which such right is transferred.

Section 194J provides for deduction of tax at source on payment of professional fees, technical fees, directors remuneration and royalty payments

Hence payments towards right to use computer software will be liable to tax deduction at source under section 194J @ 10%.

01 February 2014 ERP software comes in this category (194J section) or not, please explain.


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