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Softex filing

sahana Murthy (Student) (123 Points)

12 January 2010

Hi Everyone,

I had a small doubt regarding STPI filing.

One of our clients who is not registered under the STPI, wants to know whether filing of softex forms is mandatory.

Anyone having a clue kindly reply.

Thanks

Sahana Murthy.

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9 Replies

[CA] Mathew (Chartered Accountant) (46 Points)
Replied 12 January 2010

Yes the Unit has to file the Softex Form with STPI. RBI norms mandate that the Softex Form along with the FIRC has to be submitted to them for the purpose of Compliance. We had clients who were not registered with STPI but yet had to individually file the Softex Forms for the purpose of compliance. However for prudence it is better to get registered with STPI if the income from exports is regular. Trust this helps.

1 Like

PRAVEEN KUMAR (MBA (Finance) B.Com.(P)) (3443 Points)
Replied 12 January 2010

Fully Agree With Mr. Mathew, the Unit has to file the Softex Form with STPI

Deborshi Roy (Manager Accounts) (30 Points)
Replied 04 March 2010

For exporting software out of India, the Govt has laid down certain rules and regulations.
One of such rules requires that you fill up SOFTEX form.

Softex is required for those organisations who are exporting their software in non physical form. All such exports to be declared in Softex Forms. Each set of SOFTEX forms - three copies Original, Duplicate and Triplicate (which you have already dowloaded) . All the three forms are to be submitted for the purpose of valuation together with other documents to Department of Electronics (such departments are at Software Technology Park ), as they will do the valuations. Note that even if you are not in any STP it will be done by DOE in your nearest STP.

Disposal of SOFTEX forms

(i) After certifying all the three copies of the SOFTEX form, the designated officials of Government of India at STPI and designated authorities of Export Processing Zones will forward the original directly to the nearest office of the Exchange Control Department of Reserve Bank the day it is received or the next day and return the duplicate to the exporter. The triplicate will be retained by the Department of Electronics for their record.

(ii) Within 21 days form the date of certification of the SOFTEX form, the exporter should submit the duplicate copy together with a copy of each of the supporting documents to the authorised dealer for negotiation/collection. The duplicate copy of the form together with documents will be retained by the authorised dealer till full export value declared on the form or as certified by the designated officials at STPI, whichever is higher has been realised and repatriated to India and thereafter will be submitted to the Reserve Bank duly certified under cover of an appropriate R Return along with a copy/ies of invoice/s.

(iii) After the documents have been negotiated/sent for collection, authorised dealers should report the transaction to Reserve Bank in a fortnightly statement in form ENC under the cover of appropriate R Return. Entries in the ENC statement should be made in chronological order of the transactions as recorded in the internal register (Export Bills Register) of the authorised dealer.

Terms of payment - Invoicing

(i) In respect of long duration contracts involving series of transmissions, the exporter should bill their overseas clients periodically, i.e. at least once a month, or on reaching the 'milestone' as provided in the contract entered into with the overseas client and the last invoice/bill should be raised not later than 15 days form the date of completion of the contract. It would be in order for the exporters to submit a combined SOFTEX form for all the invoices raised on a particular overseas client, including advance remittances received in a month.

(ii) In respect of contracts involving only 'one shot operation', the invoice/bill should be raised within 15 days from the date of transmission.

(iii) The exporter should submit SOFTEX form to the concerned official of Government of India at STPI for valuation/certification not later than 30 days from the date of invoice/the date of last invoice raised in a month, as indicated above.

(iv) The invoices raised on overseas clients as at (i) to (iii) above will be subject to valuation of export value declared on SOFTEX form by the designated official of Government of India (cf. paragraph 6D.2 above) and consequent amendment made in the invoice value, if necessary.

Time limit for realisation of export value

The full value of the software exported as declared on the SOFTEX form or as certified by the official of Government of India at STPI, whichever is higher should be repatriated to India on due date of payment or within 180 days from the date of invoice, whichever is earlier in the manner prescribed in Rule 9 of the Foreign Exchange Regulation Rules, 1974.

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pinki kedia (ca PROFESSION) (22 Points)
Replied 04 January 2011

Is there any time limit for realisation of export bill for 100% EOU.

Ajay K (Finance Executive) (21 Points)
Replied 17 February 2011

Kindly refer to circular no 19/2005-Cus dated 29th March, 2005 (subject : Exemption from Declaration of Export value not exceeding US$ 25,000/- in prescribed forms.) Further refer to RBI's A.P. (DIR Series) Circular No. 61 dated January 31, 2004. wherein exemption if given from filing of Softex form if export value is upto $25,000.

Looking towards your view on following queries. (a) "export value" means the invoice value / contract value etc. (b) Non- STPI units means.....does this cover export of software only or include the export of cunsulting services also.

Lokesh (Executive) (21 Points)
Replied 14 April 2011

Hi,

Please anyone clarify the softex purpose & procedurs, as iam undergoing to STPI responsibilities. This will be very much helpful.

Thanks in advance.

Lokesh

Tushar Desai (Manager - Finance & Accounts) (834 Points)
Replied 16 December 2011

Originally posted by : Ajay K
	Kindly refer to circular no 19/2005-Cus dated 29th March, 2005 (subject : Exemption from Declaration of Export value not exceeding US$ 25,000/- in prescribed forms.) Further refer to RBI's A.P. (DIR Series) Circular No. 61 dated January 31, 2004. wherein exemption if given from filing of Softex form if export value is upto $25,000. Looking towards your view on following queries. (a) "export value" means the invoice value / contract value etc. (b) Non- STPI units means.....does this cover export of software only or include the export of cunsulting services also.

Export Value means CONTRACT VALUE.. Non-STPI means those units which are not registered under STPI. They are independent but still need STPI to certify their SOFTEX.

NILAY BARAT (DEPUTY MANAGER FINANCE & ADMINISTRATION) (41 Points)
Replied 10 September 2015

Can any one clarify that being a non STPI unit and doing only Accounting and Audit related back office work for overseas clients only, shall we require to submit SOFTEX formn?

Nilay