Sunday, March 13, 2011

Customs- Notification No. 25/2011 Dated 1 March, 2011

Notification No. 25/2011- Customs
 New Delhi, the 1 st March, 2011

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 exempts packaged software or canned software, falling under Chapter 85 of the  First Schedule to the Customs Tariff Act, 1975, (51 of 1975) on which it is not required, under the  provisions of The Legal Metrology Act, 2009 ( 1 of 2010) or the rules made thereunder or under any other  law for the time being in force, to declare on the package thereof the retail sale price, from so much of the additional duty leviable thereon under sub-section (1) of 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, or the rules made thereunder, 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 paid or payable in  respect of such transfer to the Deputy Commissioner of Customs or the Assistant Commissioner of  Customs, as the case may be: 
       Provided further that the importer is registered under section 69 of the Finance Act, 1994 (32 of  1994) read with rule 4 of the Service Tax Rules, 1994.

Explanation.— For the purposes of this notification, “packaged software or canned software” means software developed to meet the needs of a variety of users, and which is intended for sale or capable of  being sold, off the self

[F.NO. 334/3/2011-TRU]
(Sanjeev Kumar Singh)          
Under Secretary to the Government of India

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