Notification
No. 31/2010 – Customs
G.S.R. (E).-In exercise of the powers conferred by sub
the Customs Act, 1962 (52 of 1962),
Government of India in the Ministry of Finance (Department of Revenue), No. 80/2009
customs dated the 7
th
July, 2009,
number G.S.R. 487(E) dated
be done before such supersession,
necessary in the public interest so to do, hereby exempts packaged software or canned
software, falling under Chapter 85 of the First Schedule of the Customs Tariff Act, 1975 (51
of 1975), from so much of the
section 3 of the said Customs Tariff Act,
the value of such goods determined under section 14 of the said Customs Act
made thereunder, read with sub
represents the consideration paid or payable for transfer of the right to use such goods:
Provided that the
paid or payable in respect of such transfer t
Assistant Commissioner of Customs
Provided further that the importer shall be registered under section 69 of the Finance
Act, 1994 (32 of 1994) read with rule 4 of the Service Tax Rules,
Explanation. - For the purposes of this
means software developed to meet the needs of variety of users, and which is intended for
sale or capable of being sold off the shelf.
New Delhi, the 27
In exercise of the powers conferred by sub-section (1) of section 25 of
the Customs Act, 1962 (52 of 1962), and in supersession of the notification of the
Government of India in the Ministry of Finance (Department of Revenue), No. 80/2009
July, 2009, published in the Gazette of India, Extraordinary vide
dated the 7
th
July, 2009, except as respects things done or omitted to
be done before such supersession, the Central Government, on being satisfied that
necessary in the public interest so to do, hereby exempts packaged software or canned
software, falling under Chapter 85 of the First Schedule of the Customs Tariff Act, 1975 (51
so much of the additional duty leviable thereon under
section 3 of the said Customs Tariff Act, as is equivalent to the duty payable on the portion of
the value of such goods determined under section 14 of the said Customs Act
read with sub-section (2) of section 3 of the said Customs Tariff Act, which
represents the consideration paid or payable for transfer of the right to use such goods:
Provided that the importer shall make a declaration regarding consideration
in respect of such transfer to the Deputy Commissioner of
Customs, as the case may be:
that the importer shall be registered under section 69 of the Finance
read with rule 4 of the Service Tax Rules, 1994.
For the purposes of this notification, “packaged software or canned software”
means software developed to meet the needs of variety of users, and which is intended for
sale or capable of being sold off the shelf.
[F. No. 334/
Under Secretary to the Government of India
New Delhi, the 27
th
February, 2010
section (1) of section 25 of
and in supersession of the notification of the
Government of India in the Ministry of Finance (Department of Revenue), No. 80/2009-
published in the Gazette of India, Extraordinary vide
except as respects things done or omitted to
the Central Government, on being satisfied that it is
necessary in the public interest so to do, hereby exempts packaged software or canned
software, falling under Chapter 85 of the First Schedule of the Customs Tariff Act, 1975 (51
additional duty leviable thereon under sub-section (1) of
duty payable on the portion of
the value of such goods determined under section 14 of the said Customs Act, or the rules
ion 3 of the said Customs Tariff Act, which
represents the consideration paid or payable for transfer of the right to use such goods:
regarding consideration
o the Deputy Commissioner of Customs or the
that the importer shall be registered under section 69 of the Finance
, “packaged software or canned software”
means software developed to meet the needs of variety of users, and which is intended for
[F. No. 334/1/2010-TRU]
(Prashant Kumar)
Under Secretary to the Government of India