Deduction u/s 10A allowed based on post facto extension

IBM India Pvt. Ltd Vs JCIT (ITAT Bangalore)

ITAT Bangalore held that deduction under section 10A/ 10B of the Income Tax Act allowable as the assessee has obtained post facto approval from RBI coupled with the fact that it has also realized the said amounts.

Facts-

In the original DAO, AO had denied relief u/s. 10A of the Act amounting to INR 203,19,41,646. The disallowance was upheld by the DRP in its original directions and accordingly, the original FAO was passed denying such relief.

Aggrieved by the same, the assessee filed the original appeal before the Tribunal. While disposing off the original appeal, the Tribunal set aside the claim for relief of tax holiday with directions to the Ld.AO to allow the claim to the extent of receipt of sale proceeds of computer software exported out of India being brought into India in convertible foreign exchange.

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