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Date: 31-07-1998
Notification No: Customs Circular No 54/1998
Issuing Authority: Indian Customs  
Type: Circular
File No:
Subject: Clarification regarding DTA sale of software through data communication/ tele-communication links
Clarification regarding DTA sale of software through data communication/ tele-communication links

Circular No. 54 dated 31st July 1998

I am directed to say that Board's Notification No. 138/91-Cus. and 140/ 91-Cus. initially allowed DTA sale of software only in physical form and sales through data communication/ telecommunication lines was not permitted. These notifications have since been amended by the notification No. 33/97-Cus. dated 1.4.97 allowing DTA sale through data communication link or telecommunication links.

2.      Incidentally, the notification No. 53/97-Cus. governing the stand alone 100% EOUs does not contain any provision restricting or allowing sale of software through telecommunication link. Now, some units working under 100% EOUs scheme have requested for sale of their software through telephone links under notification No. 53/ 97-Cus., dated 3. 6. 97.

3.      The Board has examined the issue and it is clarified that EOUs working under Notification No. 53/ 97-Cus may sell their software through data communication link or telecommunication link subject to the condition that the Director of STP would certify the valuation.

       

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