Works contract

This query is : Resolved 

14 January 2012 I have received a Bill of Software Installation which did not include matter of Installation charges, Total Bill amount is only of software. But Service Tax is charged in Bill......


Que 1 :- Can Supplier charge Service Tax on Such ( only amount of material (Software) ) Bill ?
Que 2 :- Can we get credit of such service tax?

15 January 2012 Service tax cannot be charged on software and it has to be charged on installation charges.

However if it is not possible to bifurcate the software cost and installation charges and the vendor is registered under works contract tax then the entire amount will subject to works contact tax.

The entire amount as i said mean software charge and installation charge.

But in your case the vendor has charged service tax on software only which is totally wrong.

16 January 2012 THANK U SIR,

BUT CLIENT HAS TO PAY THAT AMOUNT OF SERVICR TAX OR REVISED THE BILL ?

16 January 2012 If the client already paid the service tax..then refund claim can be made by the client.

Otherwise revise the bill and client has to return the service tax amount.


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