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Tds on purchase of software from us

TDS / TCS 926 views 1 replies

I have purchased a software for data management system from US. It is on shelf software and no online data is maintained by software provider. Whether tds is to be deducted for the same?

Replies (1)

The division bench of Karnataka HC has held that persons making payment for purchase of software from non-resident vendors are legally obliged to withhold tax from such payments irrespective of the fact that the recipient is/is not obliged to pay tax in India.

Ref : The Commissioner of Income-Tax, International Taxation and The ITO TDS-I v. Samsung Electronics Co. Ltd, India Software Operation

 


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