Issue of Form H- whether eligible

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..... I am at trichy. Tamilnadu My vendor at Mumbai had purchased a license key from USA. He in turns sell it to me. I sold the same key as such to Thailand as export. The sale was done by way of email to Thailand. My mumbai dealer requests me to file form-H as he is the Pre seller to export. My sales tax authorities have rejected my plea on the ground that the export was not done with the consent of cu .....

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..... stoms authorities. The export of intangible goods will not come under the purview of issuance of Form-H. since the service tax was levied question of VAT levy doesnot attract. I may please be clarified whether they (sales tax authroities) are right in rejecting my claim. - Reply By Pradeep Khatri - The Reply = Dear Badrinath, Form H is used for sale in course of export for physical goods. A .....

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..... ccess key for software attracts service tax. Further, access key did not cross the physically Indian Customs Frontiers. Since, VAT is not applicable. form H would not be allowed. Regards, Team YAGAY SUN - Reply By Badrinath Vinayakarao - The Reply = Thankyou sirs. But there were judicial pronouncements that dual taxation attracts for software, since the service tax is for the after sale .....

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..... s service i.e. maintenance and the sale of software attracts VAT as intangible goods at the rate of 5 percent in Tamilnadu Value Added Tax Act2006. So I had this doubt. Please guide. - Reply By Pradeep Khatri - The Reply = Dear Badrinath, Packaged Software are goods as per the TCS judgment. If these goods are exported through third party then, it may come under the purview of Deemed Export/ .....

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..... Third Party Export. Then, in this scenario Form H may be applicable. Regards, Team YAGAY SUN - Issue of Form H- whether eligible - Query Started By: - Badrinath Vinayakarao Dated:- 2-3-2014 Value Added Tax - VAT-CST - Got 3 Replies - VAT and Sales Tax - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagemen .....

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..... t - taxmanagementindia.com - TMI - TaxTMI - TMITax .....

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