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Software imported through data communication and telecommunication link/
internet by Software Development Units in EPZ/ EHTP/ STP and the <a href='http://www.eximguru.com/exim/eou/default.aspx'>EOU</a>s engaged in
development and export of software
Circular No.
58 dated 10th July 2000
References
have been received from trade that the EOUs engaged in development and export of
software and software developing units in EPZ/ EHTP/ STP should be allowed to
import software through data communication/ tele-communication link and
Internet. It has been stated that the Reserve Bank of India has permitted
authorized dealers to allow remittances towards import of software through
data-communication channel/ telecommunication link or Internet.
2. The matter has
been considered. In view of the RBI's decision to allow remittances of money for
such imports, it has been decide that EOUs engaged in development and export of
software and software developing units operating under EPZ/ EHTP/ STP scheme
will be allowed to import software through data-communication/ telecommunication
link and internet. Considering that such imports would not be available for
physical verification, proper accountal of such imports in the records
maintained by the unit and regular verification of such records by Customs are
considered necessary. Accordingly, the following procedure is required to be
followed by the units importing software through data communication/
telecommunication link or Internet -
(i) The units
intending to import software through data communication/ telecommunication link
or internet shall furnish their annual requirements of such software intended to
be imported and estimated foreign exchange outflow against such import to the
Development Commissioner or Director, STPI (in case of the STP/ EHTP) units and
the same shall be required to be approved by the Development Commissioner or the
Director of the STPI as the case may be.
(ii) Immediately after the import of software
through tele-communication link/ data communication link or internet, the unit
shall inform in writing to the Director, STPI or Development Commissioner in
case of EOUs and shall get a certificate certifying the import of software and
its value.
(iii) The unit shall produce a certificate from the
Director of the STPI/ Development Commissioner to the jurisdictional Assistant
Commissioner of Customs or Deputy Commissioner of Customs in charge of EOU/ EPZ/
STP/ EHTP as a proof of import indicating value etc within 48 hours of such
import.
(iv) The unit shall file Bill of Entry alongwith
certificate from Director STPI/ Development Commissioner and Bank attested
invoice alongwith other relevant documents within 48 hours of import to the
jurisdictional Assistant Commissioner or Deputy Commissioner of Customs or
Central Excise for obtaining notional "out of charge."
(v) The documents such as invoice etc, shall be
routed through Bank.
(vi) The unit shall account for such import in their
records and the same would be taken into consideration for determining the
export obligation and for calculation of NFEP.
3.
In addition to the above instructions issued by the RBI or any other
government agencies, if any shall be required to be followed.
4.
Wide publicity may be given by issue of a Public Notice in this regard.
Difficulties, if any, faced in the implementation of the above procedure, may
be brought to the notice of the Board at an early date.
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