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2010 (3) TMI 170 - HC - Income TaxDeduction- The assessee was an architect, during the previous year relevant to the assessment year 2003-04, he received professional fees of Rs. 3.15 crores including an amount of Rs. 2.43 crores, which was received in convertible foreign exchange from G and M of the U.S.A. the assessee claimed a deduction on the receipts received in convertible foreign exchange under section 80-O to the extent of 20 per cent. The Assessing officer denied the benefit of deduction under section 80-O. In appeal, the Commissioner (Appeals) held that the assessee was entitled to a deduction under section 80-O to the extent of 20%. The assessing officer denied the benefit of deduction under section 80-O. The Tribunal confirm the decision of Commissioner (Appeals). Held that-dismissing the appeal, that it had not been disputed that the assessee did as a matter of fact provide the designs. Nor was it disputed that the designs provided by the assessee were used outside India. Moreover, it was an admitted position that income in convertible foreign exchange was received by the assessee in India. The assessee was entitled to special deduction under section 80-O for the assessment year 200-04.
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