75th Founding Day Lecture Meeting on “India@2030” Know More

December 2012

Export: Deduction u/s. 10A: Gain from export on account of fluctuation in rate of foreign exchange is eligible for exemption.

By K. B. Bhujle, Advocate
Reading Time 1 mins
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[CIT Vs. Pentasoft Technologies Ltd.; 347 ITR 578 (Mad):]

The assessee was an exporter and was eligible for deduction u/s. 10A. Due to diminution in rupee value, the assessee gained a higher sum in rupee value while earning the export income. The assessee claimed the deduction of the whole of the export profit u/s. 10A including the gains on account of fluctuation in rate of foreign exchange. The Assessing Officer disallowed the claim in respect of the gains on account of rate of foreign exchange. The Tribunal allowed the assessee’s claim.

On appeal by the Revenue, Madras High Court upheld the decision of the Tribunal and held as under:

“In order to allow a claim u/s. 10A, what is to be seen is whether such benefit earned by the assessee was derived by virtue of export made by the assessee. When fluctuation in foreign exchange rate was solely relatable to the export business of the assessee and the higher rupee value was earned by virtue of such exports carried out by the assessee, the benefit of section 10A should be allowed to the assessee.”

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