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TDS on Payment to Non Resident company for Software AMC

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(Querist)
22 February 2011 Dear All
One of my client is making payment to US based software company for
1. Use of Software on annual basis &
2. AMC for the same software

does the client needs to deduct TDS u/s 195 or it can be treated as purchase of software transaction and hence no TDS is required to be deducted ?
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CA. Anuj Gupta

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CA. Anuj Gupta (Expert)
23 February 2011 The answer shall depend on the exact wordings of agreement but for escaping the rigours of Income Tax Department i suggest you to deduct TDS for both the payments.
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