Hema Desai (PRACTICING CA AND ENTERPRENEUR) (92 Points)
11 July 2011Hi
We have Purchased Software Liacence from USA from Foreign Company and sold it in India
Whether TDS is appliacable?
Under which section TDS would be applicable?
If Yes do we get DTAA Benefit? What would be TDS % after DTAA or we need to cite the DTAA clause.
Pl advice.
CA Mukul Mittal
(CA in practice)
(384 Points)
Replied 22 July 2011
it is a case of Cap. gain, no TDS will be deducted.(extinguishment of rights)
CA Jitendra Jain
(------)
(82 Points)
Replied 22 July 2011
it will not be a capital gain... it depends on how u treat the software as a stock or as capital good... however in both the cases tds is not payable
| Originally posted by : CA Jitendra Jain | ||
 |
it will not be a capital gain... it depends on how u treat the software as a stock or as capital good... however in both the cases tds is not payable |
 |
That's Right! I am tottaly agree with you Jitendra.
------------------------
Zen TDS Software for e-TDS Filing with all relevant forms
Features
CAclubindia
