service tax and vat

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hi,

Very recently my office purchased around 125 Anti virus Licences(customised) for an amount of Rs.130000. the vendor raised an invoice for the same charging service tax @ 10.30% and VAT @ 4%. I would like to knw whether since my office is a central govt organisation we are exempted from paying service tax @ 10.30%, if not are we with in our rights to deducted TDS from the vendor as per Section 194J so that the Govt gets the tax amount without having to wait for the assessment of the Vendor.pls do advice on the same.thankingyou

 

M.RAJEEV NAMBIAR

Replies (4)
u have to pay service tax.....and yes u can deduct tds while making payment....

Yes Mr. Rohit is Right

Ya Rohit is right

Dear Sir,

The sale of s/w is liable to VAT as confirmed by the SC in TCS case. ST though entry exists is not applicable in my view since both VAT and ST cannot be levied on the same transaction unless it is Works contract. Even there on the value representing transfer of goods no ST is chargeable. Decision of SC in Accreative + BSNL confirm this aspects.

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