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