Loading...

⚠ โœ•
❮ Top
☎ Help
Draft upto 3 replies to a
tax notice โ€” FREE ๐ŸŽ‰ โœ•

150 credits ยท 30 days

โ€ข Basic Search โ†’ 1 Credit
โ€ข Advanced Search โ†’ 3 Credits
โ€ข Drafter โ†’ 20 to extract + 25 per issue
(โ‰ˆ upto 2-3 drafts on us)

Already used our earlier 20-Credit Demo?
You are still eligible for this new 150-Credit Demo.

Activate your FREE Demo โ†’
☰
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedbackโœ•

Contact Us At :

✉ E-mail: [email protected]

✆ Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
TMI Blog
Home / TMI Blogs / RSS

Customized Software with Source Code Modifications Constitutes Sale of Goods, Not Taxable Service

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....CESTAT ruled that the appellant's software solution, customized to meet clients' specific business requirements with modifications to source code, constituted a sale of goods rather than a service. The transaction involved transferring full control and possession of the customized software to clients with exclusive usage rights, while intellectual property remained with the appellant. The license fee collected was correctly subjected to VAT by the appellant and cannot simultaneously be liable for service tax, as these taxes are mutually exclusive. Following Quick Heal Technologies v. CST, Delhi [2020], the Tribunal held that the transaction constituted a sale of goods rather than provision of services. The appeal was allowed, setting aside the service tax demand, interest, and penalties.....