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Right to use software: exemption from customs/excise applies where right to use value is properly segregated, split valuation allowed. The Board clarified that the 2009 notifications exempt from CVD/excise that portion of packaged or shrink wrapped software value attributable to transfer of the right to use for commercial exploitation, and that the enumeration of rights in the proviso is inclusive such that any one of the listed rights (reproduce, distribute, sell or use components) suffices. Jurisdictions must accept bona fide split valuation separating media value and right to use value for claiming the exemption, and denial is justified only if the split appears contrived to evade duty.
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Right to use software: exemption from customs/excise applies where right to use value is properly segregated, split valuation allowed.
The Board clarified that the 2009 notifications exempt from CVD/excise that portion of packaged or shrink wrapped software value attributable to transfer of the right to use for commercial exploitation, and that the enumeration of rights in the proviso is inclusive such that any one of the listed rights (reproduce, distribute, sell or use components) suffices. Jurisdictions must accept bona fide split valuation separating media value and right to use value for claiming the exemption, and denial is justified only if the split appears contrived to evade duty.
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