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Tds on software

This query is : Resolved 
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(Querist)
15 May 2012 Sir

A manufacturing co. purchased software from a Non resident & sold the same in India in same financial year. No tds was deducted on such payment to Non resident. Whether it is allowed as expense ?
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CA PARAS BAFNA

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CA PARAS BAFNA (Expert)
15 May 2012 As per Section 40(i) non deduction of TDS makes the expenditure as disallowable.
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In Section 9(1)(i) Explanation 4. has been inserted now to settle the issue. Payment for software can be treated as royalty, which attracts TDS provisions.
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