28 May 2010
Ans. 1. It is applicable and payable under Online Database Services You need to seek registration under the said services under rever charge
Ans 2 Yes, since the use is in relation to business and commerce, therefore cenvatable
Ans. 3. Do not capitalize the service tax element, then you can avail the Cenvat credit, if service tax amount is equally capitalized then the same is not available. What is beneficial for you is to utilise it and not to capitlise it into fixed assets as the benefit of depreciation will be available in future while the benefit of CENVAT Credit will be available today itself if you pay your output service tax net off that CENVAT Credit.
Take your CENVAT Credit benefit today and not tommorrow
Information technology services
Actually w.e.f. F.Y. 2008-09 service tax is made applicable on the customized software including the license part of the customized software.Additionally VAT/CST is also applicable on the license part of the customized software. So there is a dual tax in the form of VAT/CST and Service Tax on the license part of the customized software. All Companies including Oracle,microsoft etc are charging both VAT and Service tax on the license part of their software.
“Information Technology Software” Services are brought into Service Tax net with effect from 16 May 2008. The taxable service definition covers service provided to any person, by any other person in relation to information technology software for use in the course, or furtherance, of business or commerce, including
1.Development of information technology software, study, analysis, design and programming of information technology software;
2.Acquiring the right to use information technology software for commercial exploitation including right to reproduce, distribute and sell information technology software;
3.Acquiring the right to use information technology software supplied electronically;
Therefore both Service Tax and VAT is payable on sale
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