RSM India

Newsflash - Income Tax - SC decision - Stage of deduction of sec10A would be while computing the gross total income of the eligible undertaking

The Supreme Court (SC) has finally cleared the air about the true effect of the  

 provisions of section 10A of the Income Tax Act, 1961. Earlier there was a lot of

 confusion as to whether amended section 10A is a deduction section or an exemption

 section.

The Apex Court in the case of CIT vs. M/s. Yokogawa India Ltd [dated 16th December

2016]  has ruled that Section 10A is a deduction section. However, the stage of the

deduction would be while computing the gross total income of the eligible

 undertaking under Chapter IV of the Act and not at the stage of computation of the

total income under Chapter VI.

While rendering the above verdict, the SC noted two conflicting circulars issued by

The CBDT i.e. Circular No. 7 dated 16.07.2013 and Circular No. 01/2013 (in the former

 Circular Section 10A is referred to as providing for deductions whereas the later

 Circular uses the expression “exemption”).

In this newsflash, above decision of the SC has been summarized.

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