Individual exporting accounting service to foreign clients, do they need to register for IEC code?
and is the EDF form being compulsory for all? Can anyone guide what is the procedure to do so, if needed to be compliant?
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Individual exporting accounting service to foreign clients, do they need to register for IEC code?
and is the EDF form being compulsory for all? Can anyone guide what is the procedure to do so, if needed to be compliant?
For export of service IEC is not mandatory. For more information peruse the judgement of Supreme Court word for word and also go through statutory provisions mentioned in the judgement :-
2024 (1) TMI 1340 - SC Order UOI Versus Uber India Systems Pvt. Ltd.
FTP : High Court held that condition of having IEC number at time of rendering/export of services as stipulated under Para 3.08(f) of Foreign Trade Policy, 2015-20 was an additional restriction not intended/purported under Section 7 of FTDR Act, 1992 and could not be termed as mandatory in nature for availing benefits under SEIS; SLP filed against order of High Court was to be dismissed.
Petitions dismissed in favour of assessee
In continuation of above :-
Service Exports from India Scheme (SEIS) - Duty Credit Scrips - Denial of benefit thereof in absence of an active Importer-Exporter Code (IEC) at time of making export of services, which was issued belatedly only subsequent to exports - Vires of Para 3.08(f) of Foreign Trade Policy, 2015-20 [FTP], stipulating an active Importer-Exporter Code (IEC) in existence with service providers/exporters in India at time of making export of notified services to claim reward under Scheme - Whether aforesaid provisions of Para 3.08(f) of FTP are violative of fundamental rights under Articles 14, 19(1)(g) as well as rights under Article 300A of Constitution of India and ultra vires Section 7 of Foreign Trade (Development & Regulation) Act, 1992 [FTDR] - Delhi High Court in impugned order while agreeing with Bombay High Court decision in Smarte Solutions Pvt. Ltd. [2022 (8) TMI 186 - BOMBAY HIGH COURT] holding that condition of having IEC number at time of rendering/export of services was an additional restriction not intended/purported under Section 7 ibid. and could not be termed as mandatory in nature for availing benefits under SEIS, it had held that in view of amendment made in Para 2.05 of FTP vide Notification No. 24/2015-20, dated 8-8-2018 stipulating that for service exports, IEC would be necessary as per provisions in Chapter 3 only at time of taking benefits under FTP by service providers, grievance of petitioner-exporters that IEC could not be insisted at time of export stood satisfied - Such order was not liable to be interfered in jurisdiction under Article 136 of Constitution of India hence was upheld - SLP filed thereagainst was liable to be dismissed after condonation of delay in its filing - Paras 2.05 and 3.08(f) of Foreign Trade Policy, 2015-20 - Sections 5 and 7 of Foreign Trade (Development & Regulation) Act, 1992. [paras 5 to 9 and 19 to 30]
Petitions dismissed in favour of assessee
Q. Is the EDF (Form) being compulsory for all ?
Ans. YES. Effective from 1.10.2026. SOFTEX stands merged with EDF w.e.f. 1.10.2026.
IEC is not mandatory for service exporters unless you are claiming any benefits under the Foreign Trade Policy. Have a look at the clarification at the DGFT website - https://www.dgft.gov.in/CP/?opt=iec-profile-management
EDF is mandatory from 01.10.26 as per the new Export Import Regulations under FEMA. You are required to file EDF for your service exports within 30 days from the receipt of money. You can file one EDF for multiple exports as well. So ideally you can file one EDF for one month to your AD Bank.
Also ensure that you are in compliance with all the provisions in those regulations and related master directions in order to avoid penalties and/or ED intervention.
However, if you obtain IEC, it will be convenient and comfortable for you to claim various benefits under FTP. Claiming benefits would be hassle-free.