packaged software

Software industry – will the new notifications reignite the controversy?

Recently, the government issued fresh set of notifications rescinding the earlier ones which granted exemption from payment of Service tax on canned / packaged software if Excise duty / Customs duty (CVD) was paid. Similar set of exemption notificati
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Analysis of recent service tax Notifications including Exemption to canned software rescinded

This article summarizes the recent Service Tax Notifications dated 21 December 2010 issued by the GOI including the withdrawal of exemption from payment of service tax under ‘information technology software service’ for import of single user canned o
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Taxability of packaged or canned software

Excise Duty :- Notification No. 30/2010- Central Excise (N. T) dated December 21, 2010 has been issued for levy of excise duty on packaged or canned software on Retail Sale Price basis. • Entry 93A has been inserted in Notification No. 49
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Packaged or canned software exempted from service tax, where duty of excise or duty of customs, as the case may be, has been paid- Notification No. 53/2010-ST dated -21-12-2010

Notification No. 53/2010 – Service Tax,  New Delhi, the 21st December, 2010 G.S.R. (E).- In exercise of the powers conferred by sub-section (1) of section 93 of the finance Act, 1994 (32 of 1994), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby exempts the taxable [...]
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Rescinds notification no. 31/2010 – Exemption to packaged software from custom duty- vide Notification No. 126/2010-Cus

Notification No.  126 / 2010- Customs, New Delhi, the    21st December, 2010 G.S.R.     (E).- In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby rescinds the notification [...]
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Packaged software or canned software shall be liable to Excise duty subjection to MRP – abatement shall be 15 Percent

New Delhi, the 21st  December, 2010 Notification No. 30/ 2010-Central Excise (N.T.) G.S.R.    (E).- In exercise of the powers conferred by sub-sections (1) and (2) of section 4A of the Central Excise Act, 1944 (1 of 1944), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby [...]
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Central Excise Notification No 35/2010- Seeks to rescind Notification No.17/2010-CE dated the 27th February, 2010

Rescinds notification no. 17/2010 – Exempts packaged software or canned software equivalent to the excise duty payable on the portion of the value determined under section 4 which represents the consideration paid or payable for transfer of the right to use such goods Notification No. 35/2010-Central Excise, New Delhi, the   21st December, 2010 G.S.R.     (E).- [...]
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Whether Service Tax is applicable to the sale of computer software?

The Finance Act, 2008 brought some new services under the Service Tax net. One of them is Information Technology Software Service. Inclusion of a new services category — Information Technology Software Services — within the ambit of Service Tax legislation has created confusion among software firms. The levy of this new service along with other services has become effective from 16 May, 2008.
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