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2010 (12) TMI 142 - HC - Income TaxDeduction u/s 10A - The assessee had claimed deduction under Section 80HHE of the Act in the Assessment Year 1998-99 and thereafter in the assessment years 1999-2000, 2000-01 and 2001-02 – Assessee can claim deduction Assessee submitted documentary evidence before the CIT (A) to prove that it had brought in India the foreign exchange within the extended time Allowance of deduction u/s 10A to the assessee in respect of profit of Japan branch – AO had denied the exemption on the ground that the said branch is not covered under Section 10A(2) of the Act - It was clear from the facts that the assessee had sought permission from the Reserve Bank of India to open non-trading branch in Tokyo, Japan to facilitate communication between NEPZ unit and the company in Japan - The documents filed by the assessee including RBI permission in their favour, that is, on the basis of some documents the assessee claims that Explanation 3 of Section 10A of the Act is satisfied whereas the Revenue feels otherwise – Appeal are disposed of and remit the case back to AO to decide the issue afresh
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