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        VAT and Sales Tax

        Scope of contract - transfer of software that has come into...

        Software Contract Deemed Service, Not Works; Indivisible Agreement Focused Solely on Service Provision.

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                Scope of contract - transfer of software that has come into existence - The pith and substance of the contract or true nature of the transaction shows that the contract is a contract for service simplicitor and is not a works contract or composite contract consisting of 2 contracts - one for service and one for sale, but is an indivisible contract for service only. On examination of the contract as a whole, it becomes obvious that the contract is essentially an agreement to render service. The theory of works contract or the concept of aspect theory is not attracted. - HC
                                Note: It is a system-generated summary and is for quick reference only.
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