From the Courts
Dhaval Talati
15 Whether the agreement entered into is a contract for services or for the supply and/or sale of software covered under section 2(24) of the MVAT Act? Held: Not sale of software u/s 2(24) of the MVAT Act.
Facts of the Case
The appeal, admitted raised four key questions of law:
Whether the agreement dated 1st January 2006 between the Appellant and M/s. QAD India Private Limited was a contract for services or for the supply and/or sale of software;
Whether the Tribunal erred by not following the precedents set by the Karnataka Sales Tax Tribunal and High Court;
Whether the Tribunal failed to consider the Affidavit dated 18.12.2014, which was relevant to understanding the nature of services provided; and
Whether the services rendered by the Appellant, related to bug fixing in the software, amounted to the devel.......