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TDS on software purchase from Foreign vendor, Income Tax

Issue Id: - 113392
Dated: 9-2-2018
By:- Amit kumar Ray
TDS on software purchase from Foreign vendor

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Assessee is purchasing " Perpetual license for a single instance of CHARON-SSP/4U L30 on one host system. Includes software and license key for USD 22540. Here assessee is being treated as licensee and one License agreement is being executed. Licensor grants a non exclusive right to use the licensed functionality of the software to run a single instance. Software will be downloaded after payment.Vendor retains the copyright , intectlectual property,title and ownership of software.Vendor has no business connection or Permanent Establishment in India.

Whether TDS is applicable on payment to foreign vendor ?

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