PROOF OF EXPORT OF SOFTWARE and SERVICES

[Guest]

What is the proof of Software or Services exported, required under GST.

A Software company providing services to an overseas company does it need GST Registration?

Do professional Accountants providing consultancy services to overseas clients need to provide any proof under GST?

[KASTURI SETHI]

(1) SOFTEX (software export details) Form/Return is the proof of export. Monitored by Department of Electronics, DGFT and Customs. More details are as under:-

FOREIGN EXCHANGE MANAGEMENT (EXPORT OF GOODS AND SERVICES) REGULATIONS, 2015

[RBI Notification No. FEMA 23(R)/2015-RB, dated 12th January 2016]

REGULATION 6. Authority to whom declaration is to be furnished and the manner of dealing with the declaration :-

REGULATION 7. Evidence in support of declaration. - The Commissioner of Customs or the postal authority or the official of Department of Electronics, to whom the declaration form is submitted, may, in order to satisfy themselves of due compliance with Section 7 of the Act and these regulations, require such evidence in support of the declaration as may establish that -

(a) the exporter is a person resident in India and has a place of business in India;

(b) the destination stated on the declaration is the final place of the destination of the goods exported;

(c) the value stated in the declaration represents -

(1) the full export value of the goods or software; or

(2) where the full export value of the goods or software is not ascertainable at the time of export, the value which the exporter, having regard to the prevailing market conditions expects to receive on the sale of the goods in the overseas market.

Query no.2 Yes.

Query no.3 Yes.

AI Summary

Proof of export: SOFTEX form confirms software and service exports and requires GST registration and compliance. The SOFTEX form/return is the primary proof of export for software and services, used for GST and foreign exchange compliance. FEMA Export Regulations allow authorities to require evidence that the exporter is resident and has a place of business in India, that the stated destination is final, and that the declared value reflects the full export value or the exporter's expected overseas sale value. Exporters of software/services and professional consultants to overseas clients require GST registration and must produce appropriate proof.