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February 2011

Taxable service of packaged or canned software exempted — Notification No. 53/2010-ST, dated 21-12-2010.

By Pinky Shah, Sonalee Godbole, Gaurang Gandhi, Tarun Ghia, Brijesh Cholera, Pratik Mehta | Chartered Accountants
Sejal Vasa | Company Secretary
Reading Time 1 mins
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Part B : INDIRECT TAXES

SERVICE TAX UPDATE

47 Taxable service of packaged or canned software exempted — Notification No. 53/2010-ST, dated 21-12-2010.

By this Notification, the Central Government has exempted the taxable service referred to in item (v) of S. 65(105)(zzzze) in respect of packaged or canned software, subject to the following conditions :

(1) value of the said goods domestically produced or imported for the purpose of levy of central excise duty or additional duty of customs as the case may be has been determined u/s.4A of the Central Excise Act, 1944 and

(2) (a) appropriate duties of excise have been paid by manufacturer, duplicator or the person holding copyright to software manufactured in India; or

(b) appropriate duties of customs including the additional duty of customs have been paid by the importer in respect of the software imported into India

(3) a declaration is made by the service provider on the invoice that no amount in excess of the retail sale price has been recovered from the customer.

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