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Legalities related to Software Export

Nikhil (Software Development) (24 Points)

25 February 2009

We are startup Software Company based in New Delhi. We are only into Software Exports.

Here are the questions we have

Are we supposed to pay service tax on software services (export)
- Different people have different views -- which is confusing.
- Should we pay service tax and then claim for refund OR dont pay service tax at all ?
Regarding STPI registration. Its clear that atleast till 2009-10 corporate tax benefits can be availed.
- Is their any STPI in Delhi Or we need to go with Noida / Gurgaon ?
- What is the procedure, How much it costs , What are the formalites once we are registered with STPI. How long does it takes ?
- Please contact us if you are professional dealing in STPI services.

Looking forward to some help from the community.

-Nikhil

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2 Replies

Rajesh Kumar (Advocate- Tax) (7806 Points)
Replied 25 February 2009

Look for information you require on this site: https://www.stpi.in/

You can also get all information from this place. As the procedure is simple, you may not need professionals to assist you.

Software Technology Parks of India

Ganga Software Technology Complex ,Sec-29

Noida-201 303

Tel No. :91-120-2450411

Fax No. : 91-120-2450405

url :https://www.stpionline.com

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SIDDHARTHA SANKAR ROY (Government Servant -MOF) (868 Points)
Replied 02 March 2009

For export of software service you have the option not to pay service tax provided the manner in which you render the service qualifies as export. Also, you are entitled to claim rebate of the eligible input taxes paid on services and goods used for the provision of such export services.

Please elaborate the exact nature of the services provided by you because different activities related software are classified under different taxable services and any generalisation can lead to problem in future.