Tds on sale of computer software

Hi,

suppose Co. "A" has purchased a computer software from Co. "B" and B is his invoice put the wording "cost of licence fees of certain software module installed on server", and charges VAT on it.

Apperently it seems that no TDS would require to be deducted................

But Co. "B" is also providing free of cost maintenence for certain period & also doing certain specific taylord customisation and maintenence in software module as per Co. "A" requirement within and also beyond that maintenence period.

Now in this senario whether TDS would lible to be deducted on his bill, as venodr is also doing specific taylord customisation and maintenance free of cost and,

whether it purely menas that he has already charged these cost in his original billing under the nareation as "cost of licence fess" and chrarged VAT only.

whether by setting the neration and charging according tax, any one can bypass the TDS laws.

it is to be also cleared at this point of time that Co. "A" & "B" are not related party and dealing at arms length.



Pl Reply

Thanks in advance.
 

 

 

Replies (6)

Hi Anup,

On software sale, it is a unique transaction in which both VAT and service tax are applicable. Vat because it is treated as a software sale and service tax because the implementation part is treated as service. Hence, both are applicable.

Now, for TDS part, it would be applicable on service portion only, not on the VAT portion.

Basic Value + Service Tax (other than VAT amount) = taxable value on which TDS shall be deducted @ 1% or 2% respectively.

Regards

Prateek 

 

Prateek,

My questionis something different, i am asking that if some one charge only vat and siting neration in bill as "cost of licence fees for software module installed on server", whether TDS provision attract or not, but before answring also keep in mind that he is also providing free of cost maintenence and customisation as per purchaser requirement.

thanks

 

 

Well,

Its free of cost and there is no considertion payable for the same, hence I dont think it attracts TDS liability. Because there is a provision of service which is without consideration.

So, don't deduct tax.

prateek, in commertial word there is nothing without consideration, if nothig is charges for service and maintenance then it menas its cost is included in initial cost. so pl think in accordance towards todays commertial senario........... there is nothing free as such i think now your view would be clear now........

As fees toward technical service(contract) is nill.i think tds is not applicable considering this argue.

Your view is right considering present scnario but it is not applicable for taxablity purpose.

 

So TDS will not be deducted.

 

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