Regarding enrollment fees

This query is : Resolved

shubam (Querist)
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22 July 2014 Respected CCI members,
A software company is paying Silver competency enrollment fees to microsoft india, wherein VAT , Service tax is charged!
My query is whether TDS is applicable or not, and if yes , then what section??
and can we claim input service tax

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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17 August 2014 TDS is applicable u/s 194J @10% if amount is RS 30000/- or more during the financial year.

If PAN not provided TDS to be deducted @20%.

TDS to be deducted on amount excluding Service Tax.

I am not sure why VAT is being charged on Fees. VAT is charged when any software is purchased. Is this a purchase of software?