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SOFTWARE IMPORT FROM SOUTH KOREA

This query is : Resolved 

06 January 2022 Our company wants to buy software from South Korea the delivery to us in Electronic mode (Email/Link Download) please tell us what I Do as per Custom Rule & GST Rule.

Also Please give a document format.

06 January 2022 For the Software downloaded directly from the website or made available by way of any electronic medium shall constitute as supply of service as transfer or royalty payment received for transfer of Intellectual Property Rights relating to software and GST at the rate of 18% under SAC-99733 shall be applicable under RCM.
Customs duty applicable in case of import of CD/DVD.

07 January 2022 TDs applicable or not in this transaction




07 January 2022 Payment to non-residents for imported software cannot be characterised as 'royalty' as it amounts to simplicitor purchase of goods, not taxable in India, hence no TDS required The Hon'ble Supreme Court of India (SC) has rendered its judgment



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