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RCM payment by Exporter

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..... RCM payment by Exporter
Query (Issue) Started By: - Shamim Ibrahim Dated:- 29-5-2020 Last Reply Date:- 30-5-2020 Goods and Services Tax - GST
Got 4 Replies
GST
One of my client XYZ Ltd who is engaged in 100% export of Services utilises certain input services (Software rights) from a foreign company ABC who has no PE and GST registration in India. Whether XYZ Ltd requires to pay GST un .....

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..... der RCM on the software rights purchased from foreign compnay ABC ? The payments to ABC are on quarterly basis and the TDS provisions under Income tax Act has been complied. Please advice. Thanks in advance Reply By KASTURI SETHI: The Reply: Have you gone through the following circular ? Online Information Database Access and Retrieval (OIDAR) Services in GST C.B.E. & C. Flyer No. 42, date .....

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..... d 1-1-2018 Reply By Shamim Ibrahim: The Reply: Sethi Sir if RCM is paid whether it is claimed as refund along with other IPT credit since company is 100% export oriented and no GST is payable as OPT Reply By Mohit Singhal: The Reply: GST is applicable under RCM on the software rights purchased from the foreign company by XYZ Ltd. and XYZ can also claim the refund of the same in case of export .....

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..... . Reply By YAGAY andSUN: The Reply: In addition to aforesaid views, following is required under C.7.3. of RBI's Master Direction of Import of goods and services in Non-physical Imports:- (i) Where imports are made in non-physical form, i.e., software or data through internet / datacom channels and drawings and designs through e-mail / fax, a certificate from a Chartered Accountant that the .....

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..... software / data / drawing/ design has been received by the importer, may be obtained. (ii) AD Category - I bank should advise importers to keep Customs Authorities informed of the imports made by them under this clause.para
Discussion Forum - Knowledge Sharing .....

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