Is export of software taxable?
K.K.Ganguly
(Querist) 23 May 2012
This query is : Resolved
Would the Ld. Experts give their valuable opinion on the following matter:
1) One software professional was terminated without settling his dues by a software Company. While claiming for the damages & dues by the employee, the Company stated that the employee did not return the laptop that is why his dues of Rs.10 lakhs was not paid & release letter not issued.
2) The employee claims that the laptop contains the programmes he was made to write when he was sent to USA on business visa and he wanted to keep the laptop containing such programmes in edited form as a proof that the Company is exporting software without paying appropriate duty to the Govt. He had already informed the Company to deduct the book value of the laptop from his dues. He is saying that recently some claim has been made on Infosys by the Govt. in this regard.
My question is:
a) Can the programmes written in USA by an Indian Professional against payment made to the Company be charged as export of software?
b) Is there any export duty for exporting software?
c) What other charges can be brought against the Company for the said act?
d) What is the Infosys case in this regard?
Thanks.
Suhail A.Siddiqui
(Expert) 23 May 2012
Although it is not export since it is not crossed Indian custom barrier.
There is no export duty on exported goods.
You must received proceed through proper channal defined by RBI .
If the programmes are develop during your service it is your property furnish him with legal notice
Shonee Kapoor
(Expert) 31 May 2012
No export duty on software.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
