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Tds on software - Income Tax

Issue Id: - 1617
Dated: -23-11-2009
By:- Rajiv Sinha
Tds on software

Dear Sir Pls clear deduction of Tds on software purchase 0r development as per custmer specification. Regards, Rajiv sinha

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Dated: - 03-12-2009
By: - Rama Krishana
Since there is specific judgment of Karantka high court addressing the similar issue, you are advised to study that decision - (2009 - TMI - 35016 - High Court of Karnataka) - As per the decision, it appears that this activity would be liable for TDS since purchase of software would include licence.

Dated: - 01-05-2010
By: - Anuj Gupta
Dept. will try to disallow the expenditure in both the situations . So practically if you have strength to fight the cases then my opinions are as follows: TDS should not be applicable in case of software purchase whereas it shall be taxable if the development is as per the customer specification.

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