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Software Purchase, Customs - Exim - SEZ

Issue Id: - 2665
Dated: 19-1-2011
By:- Shashikumar Naikar

Software Purchase


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We are planning to buy one software for our company located in india from Isreal. What will be the addition cost that i would incur while importing. The software license will transferred via digital, no physical delivery and paper licenses. Do I need to pay Excess Duty %/ Import Duty %or other charges?

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1 Dated: 19-1-2011
By:- RB SINGH

Hello Mr. Naikar,

In the conditions described by you, it appears that you are planning to have the right to use of imported software supplied electronically and not importing a packaged software. If that be so, it would be a receipt of service covered under the ambit of IT Software Services  [ Section 65(105) (zzzze) of the Finance Act].

Since the  transaction will be between an Indian Entity and a foreign party, it will be a service provided from outside India,received in India. In such case the services shall be taxable in the hands of the recipient under reverse charge (Section 66A of the Finance Act) . The liability to pay service tax  will be on your firm.


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