TaxTMI 
TaxTMI 
Service Tax & Vat Bot charged on Window 8.1 Professional purchased
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....ervice Tax & Vat Bot charged on Window 8.1 Professional purchased<br> Query (Issue) Started By: - MITSUI PRIME Dated:- 28-8-2014 Last Reply Date:- 31-8-2014 Service Tax<br>Got 5 Replies<br>Service Tax<br>Dear Sir We have to buy window profession for 20 users and vendor has make the invoice. His calculation of invoice is Price of Window: 216420 Service Tax 12.36%: 26750 Vat @5%: 121....
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....58 Total 255328.00 Kindly confirm he make correct calculation of tax. Regards Lokesh Kumar Reply By Emco Ltd.: The Reply: Service Tax is being charged on Services Performed by the Windows 8.1 Professional i.e. installation and other guidance for installation and VAT is being charges for selling of product so that their calculation of tax is absolutely right. Regards Amit parmar Emco Lt....
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....d. Reply By Pradeep Khatri: The Reply: Dear Lokesh, We may have different opinion on this matter. Please clarify following points to enable us to finalize our opinion on this matter. * Whether windows 8.1 would be supplied as canned software or downloaded through internet? * Whether in your agreement specific clause for uploading, installation of software do exist and what are the charges ....
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....for same. * Whether it is one time charges/price or recurring charges/price. Regards, YAGAY and SUN (Management and Indirect Tax Consultants) Reply By Rajagopalan Ranganathan: The Reply: Sir, Please find provided hereunder a summary of taxability of information Technology software: - Category Whether Excise duty is payable Custom duty Service Tax VAT/CST Packaged software ....
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....with MRP Yes (if manufactured in India) Only CVD and SAD payable on import No Yes Packaged software without MRP Excise duty on cost of media Only CVD and SAD payable on cost of media on import Service tax on transfer of right to use software Yes Customised (tailor made) software No No Yes yes Paper licence of software and PUK cards No No yes Yes ....
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.... Software downloaded from Indian supplier No No Payable by supplier No Software downloaded on internet from out of India No No Yes, as import of service Not applicable to person downloading software. Reply By Pradeep Khatri: The Reply: Dear Lokesh, Please check our reply to following query on this website. Issue Id: - 5432 Dated: -18-03-2013 Regards YAGAY and SUN ....
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....(Management and Indirect Tax Consultants) Reply By Madhukar N Hiregange: The Reply: If the supply is in physical form then only VAT/CST would be applicable. If downloaded from the net [ seller outside India] then only ST The terms and method in which it is being provided is important as the centre + States both want to tax this transaction. One of the methods being used no a days is only acce....
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....ss allowed, ONLY ST for business for individuals it would be not liable to either VAT or ST.<br> Discussion Forum - Knowledge Sharing ....