PROVISONS RELATING TO SOFTWARE RELATED UNITS

 

 

 

 

 

1.       Different Modes relating to import of IT related service

2.       Conditions for import

3.       Modes of Export of Computer Software

4.       Procedure for export of software

 

1.       Different Modes relating to import of IT related service- Rule 28(3)

The import of Information Technology enabled services, including software, shall also be allowed through data communication link, internet, e-mail or any other electronic mode.

2.       Conditions for import Rule 29(6)

For the import of computer software or services through data communication or telecommunication links, the Unit shall file consolidated Bill of Entry for a month within three working days of the closure of the month along with the invoice and other relevant documents and shall obtain notional ‘out of charge’ from the Authorized Officer, subject to the following conditions, namely:-

(i)   import documents shall be routed through banks or advance payments for imports could be routed through Foreign Currency Account;

(ii)   instructions, if any, issued by the Reserve Bank of India , from time to time, in this behalf shall be complied with.

3.       Modes of Export of Computer Software – Rule 45(3)

A Unit engaged in development of computer software may undertake export, including export of professional services, using data communication links or do physical exports, including through courier service.

4.       Procedure for export of software -Rule 46 (3)

(i)   a Unit may export software or processed data, including call center services via data link or internet or e-mail or through other electronic mode and the Software Export Declaration Form for such exports duly certified by Development Commissioner under the Foreign Exchange Management (Export of Goods and Services) Regulation, 2000, shall be submitted, to the authorized dealer within the period specified under the Foreign Exchange Management Act 1999. (42 of 1999);

(ii) a Unit may provide consultancy services “on site” abroad subject to submission of details of the contract or purchase order and foreign exchange remitted and the persons deputed abroad to the Authorised Officer;

(iii) the consideration received by the Unit for providing on site consultancy services in convertible foreign exchange shall be counted for the purpose of calculating positive Net Foreign Exchange Earning under rule 53.