Software - goods or service?

2451 views 1 replies

 

Software - goods or service?

Software, branded as well as tailor-made, has been held as goods by the Supreme Court. It is also specified as ‘goods’ in both Central Excise and Customs Tariff. Many States are imposing Vat on sale of branded as well as unbranded software. Issue is whether unbranded, i.e., tailor-made

software is also a ‘service’?

In Imagic Creative (P.) Ltd. v. CCT [2008] 12 STT 392 (SC), it has been held that service tax and Vat (sales tax) are mutually exclusive.

Service tax is imposed under entry 97 of List I which is a residual entry. Thus, if a transaction is covered in list II, it cannot get covered in entry 97 of List I. Since sales tax is covered in List II, it is doubtful if service tax can be imposed on a transaction which is entirely getting covered under List II.

Replies (1)

Kindly see this ---   https://www.caclubindia.com/forum/re-double-taxation--61603.asp


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
26 May 2026
CA / MBA (Finance) / CMA / M.Com (Finance)

Sri Aurobindo Gnostic Centre of Education

New Delhi

CA

View Details
Company
ARTICLESHIP 09 June 2026
Article Trainee

Numbertree LLP

Mumbai

CA Inter

View Details
Company
21 May 2026
Associate

PWC

Kolkata

CA

View Details
Company
27 May 2026
Audit Assitant

Virender K Gupta and Co

New Delhi

B.Com

View Details
Company
ARTICLESHIP 31 May 2026
Article Assistant

KPRS And Associates

New Delhi

CA Inter

View Details
Company
Featured 27 May 2026
Lead Conversion Executive / Sales Closing Executive

SMJ global advisors pvt ltd

New Delhi

B.Com

View Details
Company
26 May 2026
Education Content Creator

Adyayam Education LLP

Bengaluru

CA Foundation

View Details
Company
10 June 2026
Senior Account Executive

JDS Advisory LLP

Ahmedabad

CA Inter

View Details