Vat and st calculation

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J P SINGH (Querist)
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26 January 2014 hello .... my client is deal with it software we got a invoice from lucknow to our office noida his invoice tax calculation is wrong exa. base value + st then vat charged under this situation we are unable to claim cenvat on st. plz suggest

MJ Krishnamurthy

MJ Krishnamurthy (Expert)
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26 January 2014 Mr JP Singh,
According to me, the invoice is wrong,because,as per sec66 of ST Act service tax can be levied on the sevices provided and computer software is not a service,but goods,as per clause 64 of sec65(definitions)of the same Act. Moreover,soft ware is chargeable @5% under entry no 1 of schIV of UP VAT Act.On any transaction only one of the taxes i.e.either VAT or ST can be levied. Here if it a sale of computer software only VAT is to be levied,or if it is bill on software servicing then only ST is leviable. No tax on a tax can be charged.So, you can ask your supplier to amend the invoice accordingly

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