https://www.taxtmi.com/caselaws?id=378135 Tailor-made software developed for a client under contractual arrangements was held not to be automatically taxable as "goods" under the U.P. Trade Tax Act; the decisive inquiry is whether the transaction is a sale of marketable software or a service contract, to be determined from the agreement and surrounding factual material. The Tribunal, as final fact-finding authority, was required to examine the agreements and record findings on the nature of the software transaction, and it also had to deal specifically with the additional ground relating to exempt hardware sales. The matter was remitted for fresh consideration on those issues. en-us Thu, 04 Apr 2019 00:00:00 +0530 Wed, 18 Nov 2020 11:37:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=378135 Tailor-made software developed for a client under contractual arrangements was held not to be automatically taxable as "goods" under the U.P. Trade Tax Act; the decisive inquiry is whether the transaction is a sale of marketable software or a service contract, to be determined from the agreement and surrounding factual material. The Tribunal, as final fact-finding authority, was required to examine the agreements and record findings on the nature of the software transaction, and it also had to deal specifically with the additional ground relating to exempt hardware sales. The matter was remitted for fresh consideration on those issues. Case-Laws VAT and Sales Tax Thu, 04 Apr 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=378135