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Software Licence

This query is : Resolved 
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(Querist)
23 February 2011 Dear Expert,

I am explaining a case here, there is a software of Rs. 360000/-, which can be paid by customer in 36 installments of Rs. 10000/- will there be TDS?

Regards,
Nazir
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Selvakumar Selvaraj

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Selvakumar Selvaraj (Expert)
23 February 2011 If you are able to prove with documentary evidence that the transaction is contract of sale and not contract of work, then no need to deduct TDS under section 194C. But if you write that software and sell it to them then it will fall under 194J, subject to TDS.
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