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Monday, February 27, 2012

Simplified and Revised Procedure for Reporting of Software Exports

The Reserve Bank of India (RBI), vide A.P. (DIR Series) Circular No. 80 dated 15th February, 2012, has revised the procedure for reporting the software exports to Software Technology Parks of India (STPI). This procedure is applicable to those software exporters whose annual turnover is excess of Rs. 1,000 Crores or who submits at least 600 Softex Forms annually. As per the procedure: A statement in prescribed excel format along with quadruplicate set of Softex Form has to be submitted with STPI within 30 days from the close of month in which the invoice is raised. Details of all invoices have to be provided in excel format. STPI will verify and certify the form. First copy will be forwarded to Regional Office of RBI, second copy to Authorised Dealer, third copy to exporter and last copy will be retained by STPI for its own records. This new procedure is applicable w.e.f. April 01, 2012 in Bangalore, Hyderabad, Chennai, Pune and Mumbai and w.e.f. June 2012 in rest of India. The annexure to the Circular provides the Revised Procedure fo reporting of Software exports to STPI, the Authorised Dealer and online submission of Periodic Export Declaration. Clarification - Purchase of Immovable Property in India – Reporting requirement As per the extant Regulations, a person resident outside India, acquiring a branch, office or other place of business in India excluding a liaison office, may also acquire any immovable property in India, which is necessary for or incidental to carry on such activity, subject to the condition that such person is required to report to Reserve Bank in the declaration Form IPI within ninety days of such acquisition. Such provision seems to convey that every person resident outside India acquiring immovable property in India is required to do such reporting to Reserve Bank. Clarifying the interpretation, Reserve Bank of India issued the Circular No. 79 dated 15th February, 2012 stating that extant regulations do not prescribe any reporting requirements for transactions where such person resident outside India is a Citizen of India or a Person of Indian Origin (PIO) who acquires any immovable property in accordance with the provisions of Foreign Exchange Management (Acquisition and transfer of immovable property in India) Regulations, 2000.