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Now Pay ST and VAT on Software Licenses


 By Priyanka Chowdhury, Jun. 6 2008, 1430 hrs

 

The recent decision by the government to impose Service Tax on the licenses of all packaged software will result in an increase in the prices of software. This decision will also have an adverse effect on the business of the channel partners.

Formerly, software which only attracted VAT will now also attract service tax. This is mainly because the government has classified software as a service.

According to channels, if both the Service Tax and VAT is levied on software, then they will have no other choice but to increase the prices of the software. Sudarshan Ranganathan, CEO, Veeras Infotech, said, “At present, software is being considered as sales in form of a service. Hence, it is attracting a service tax of 12.36 percent and a 4 percent VAT as well.” However, there is a dispute among the channel partners on whether software can be classified as a service or a sale.

Paresh Shah, CEO, P H Tecknow, said, “We often receive a lot of complaints from our customers on why we are charging both the service tax and VAT on the products. But we have no other choice but to do this. If we don’t charge service tax, then we will have to pay it from our own pockets and this will affect the cash flow of our business. As it is we have to pay a TDS and then if we have to pay the service tax too, we would start running losses and would not be able to do our business anymore.”

Ranganathan also said, “After we increase the prices, another problem that we would face is the fall in demand for the products. There has already been a built up of orders till 31st of May and there has been an impact of 13 percent from May 31st to June 1st.  Rise in the prices of software may also lead to an increase in the piracy of software too. The channel partners are now trying to decide among themselves on what would our next step be. But the vendors should also try and cut the prices on the products.”

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Comments
5/27/2011 1:19:54 PM
 
On a software sale, what is levied first, service tax or sales tax?. According to my understanding, first sales tax is levied (as sales comes first) and then service tax (after the item is sold only the same can be used) and from the total amount TDS deducted. Can anyone clarify with reference to the rules on the subject.
 
 - SANDEEP JOSHI,HINDUSTHAN NATIONAL GLASS INDUSTRIES LTD.,BAHADURGARH
2/15/2011 7:37:06 PM
 
On a software sale, what is levied first, service tax or sales tax?. According to my understanding, first sales tax is levied (as sales comes first) and then service tax (after the item is sold only the same can be used) and from the total amount TDS deducted. Can anyone clarify with reference to the rules on the subject.
 
 - Sami ullah,Alpha channel,Bangalore
2/3/2011 2:39:46 PM
 
Hi, I need notification on that does VAT/CST applicable on Service tax means if raise a invoice of Rs 1000 than service tax on 1000 is Rs 102(1000*10.3%) & vat/cst is 55.10 (1000+120*5%)i m correct or not please suggest. Thanks, Neeraj New Delhi
 
 - Neeraj Sharma,,New Delhi
1/7/2011 4:01:08 PM
 
Dear Sir, I need the government notification about how to charge service tax & VAT on software purchase. I will be very thankful to u if u can provide at the earliest.
 
 - Opesh Khaterpal,,Lucknow
12/3/2010 9:52:13 AM
 
dear sir,please provide me goverment notification for service tax & vat both are applicable in licenses part of software.
 
 - paresh p,mudra electronics ltd,new delhi
9/10/2010 11:39:01 AM
 
could you tell me that TDS will be deduct or not on "Adobe CS5 Design Premium 5.0 Upgrade from CS3 Design Premium for MAC"
 
 - Rajender Khurana,Mail Today Newspapers Pvt. Ltd.,Noida
9/1/2010 6:58:27 PM
 
Dear Sir I,need the goverment notification for Calculation of Service Tax @10.30% and Vat @5% on Softwares.I,will be very thankfull to you if you can provide at the eairleast
 
 - Kiran Patel,PCS,Pune
8/27/2010 5:31:27 PM
 
Dear Sir I,need the goverment notification for Calculation of Service Tax @10.30% and Vat @5% on Softwares.I,will be very thankfull to you if you can provide at the eairleast
 
 - Vishwas More,Emqube Consulting Pvt.Ltd.,Mumbai
7/31/2010 11:03:37 AM
 
Dear Sir I need the government notification for Calculation of Service Tax and VAT on softwares. I will be very thankful to you if you can provide at the earliest.
 
 - SACHIN PEHERKAR,,NASHIK
7/29/2010 2:49:18 PM
 
On a software sale, what is levied first, service tax or sales tax?. According to my understanding, first sales tax is levied (as sales comes first) and then service tax (after the item is sold only the same can be used) and from the total amount TDS deducted. Can anyone clarify with reference to the rules on the subject.
 
 - Pullaikudi Prabhakaran,ISRO/DOS,Bangalore
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