10B. [ Special provisions in respect of newly established hundred per cent. export-oriented undertakings. [Substituted by Act 10 of 2000, Section 7, for Section 10-B (w.e.f. 1.4.2001).]
(1)Subject to the provisions of this section, a deduction of such profits and gains as are derived by a hundred per cent. export-oriented undertaking from the export of articles or things or computer software for a period of ten consecutive assessment years beginning with the assessment year relevant to the previous year in which the undertaking begins to manufacture or produce articles or things or computer software, as the case may be, shall be allowed from the total income of the assessee:Provided that where in computing the total income of the undertaking for any assessment year, its profits and gains had not been included by application of the provisions of this section as it stood immediately before its substitution by the Finance Act, 2000, the undertaking shall be entitled to the deduction referred to in this sub-section only for the unexpired period of aforesaid ten consecutive assessment years:] [Substituted by Act 32 of 2003, Section 7, for sub-Section (1-A) (w.e.f. 1.4.2004).][* * *] [ Second proviso omitted by Act 14 of 2001, Section 7 (w.e.f. 1.4.2002).][Provided ] [ Inserted by Act 20 of 2002, Section 6 (w.e.f. 1.4.2003).][further] [ Substituted by Act 21 of 2006, Section 5, for " also" (w.e.f. 1.4.2006).][that for the assessment year beginning on the 1st day of April, 2003, the deduction under this sub-section shall be ninety per cent. of the profits and gains derived by an undertaking from the export of such articles or things or computer software:] [ Inserted by Act 20 of 2002, Section 6 (w.e.f. 1.4.2003).][Substituted by Act 32 of 2003, Section 7, for sub-Section (1-A) (w.e.f. 1.4.2004).][Provided also that no deduction under this section shall be allowed to any undertaking for the assessment year beginning on the] [Substituted by Act 10 of 2000, Section 7, for Section 10-B (w.e.f. 1.4.2001).][1st day of April, 2012] [ Substituted by Act 33 of 2009, Section 7, for " 1st day of April, 2011" (w.e.f. 1.4.2009).] and subsequent years:[Provided also that no deduction under this section shall be allowed to an assessee who does not furnish a return of his income on or before the due date specified under sub-section (1) of section 139.] [ Inserted by Act 21 of 2006, Section 5 (w.e.f. 1.4.2006).](2)[ This section applies to any undertaking which fulfills all the following conditions, namely:-(i)it manufacture or produces any articles or things or computer software;(ii)it is not formed by the splitting up, or the reconstruction, of a business already in existence:Provided that this condition shall not apply in respect of any undertaking which is formed as a result of the re-establishment, reconstruction or revival by the assessee of the business of any such undertaking as is referred to in section 33-B, in the circumstances and within the period specified in that section;(iii)it is not formed by the transfer to a new business of machinery or plant previously used for any purpose.Explanation. - The provisions of Explanation 1 and Explanation 2 of section 80-I shall apply for the purposes of clause (iii) of this sub-section as they apply for the purposes of clause (ii) of that sub-section.(3)This section applies to the undertaking, if the sale proceeds of articles or things or computer software exported out of India are received in, or brought into, India by the assessee in convertible foreign exchange, within a period of six months from the end of the previous year or, within such further period as the competent authority may allow in this behalf.Explanation 1. - For the purposes of this sub-section, the expression "competent authority" means the Reserve Bank of India or such other authority as is authorised under any law for the time being in force for regulating payments and dealings in foreign exchange.Explanation 2. - The sale proceeds referred to in this sub-section shall be deemed to have been received in India where such sale proceeds are credited to a separate account maintained for the purpose by the assessee with any bank outside India with the approval of the Reserve Bank of India.] [Substituted by Act 10 of 2000, Section 7, for Section 10-B (w.e.f. 1.4.2001).](4)[ For the purposes of sub-section (1), the profits derived from export of articles or things or computer software shall be the amount which bears to the profits of the business of the undertaking, the same proportion as the export turnover in respect of such articles or things or computer software bears to the total turnover of the business carried on by the undertaking.] [ Substituted by Act 14 of 2001, Section 7, for sub-Section (4) (w.e.f. 1.4.2001).](5)[ The deduction under sub-section (1) shall not be admissible for any assessment year beginning on or after the 1st day of April, 2001, unless the assessee furnishes in the prescribed form, alongwith the return of income, the report of an accountant, as defined in the Explanation below sub-section (2) of section 288, certifying that the deduction has been correctly claimed in accordance with the provisions of this section.(6)Notwithstanding anything contained in any other provision of this Act, in computing the total income of the assessee of the previous year relevant to the assessment year immediately succeeding the last of the relevant assessment years, or of any previous year, relevant to any subsequent assessment year,-(i)section 32, section 32-A, section 33, section 35 and clause (ix) of sub-section (1) of section 36 shall apply as if every allowance or deduction referred to therein and relating to or allowable for any of the relevant assessment years][ending before the 1st day of April, 2001] [ Inserted by Act 32 of 2003, Section 8 (w.r.e.f. 1.4.2001).][, in relation to any building, machinery, plant or furniture used for the purposes of the business of the undertaking in the previous year relevant to such assessment year or any expenditure incurred for the purposes of such business in such previous year had been given full effect to for that assessment year itself and accordingly sub-section (2) of section 32, clause (ii) of sub-section (3) of section 32-A, clause (ii) of sub-section (2) of section 33, sub-section (4) of section 35 or the second proviso to clause (ix) of sub-section (1) of section 36, as the case may be, shall not apply in relation to any such allowance or deduction; [Substituted by Act 10 of 2000, Section 7, for Section 10-B (w.e.f. 1.4.2001).](ii)no loss referred to in sub-section (1) of section 72 or sub-section (1) or sub-section (3) of section 74, in so far as such loss relates to the business of the undertaking, shall be carried forward or set-off where such loss relates to any of the relevant assessment years ][ending before the 1st day of April, 2001] [ Inserted by Act 32 of 2003, Section 8 (w.r.e.f. 1.4.2001).];(iii)[ no deduction shall be allowed under section 80-HH or section 80-HHA or section 80-I or section 80-IA or section 80-IB in relation to the profits and gains of the undertaking; and [Substituted by Act 10 of 2000, Section 7, for Section 10-B (w.e.f. 1.4.2001).](iv)in computing the depreciation allowance under section 32, the written down value of any asset used for the purposes of the business of the undertaking shall be computed as if the assessee had claimed and been actually allowed the deduction in respect of depreciation for each of the relevant assessment year.(7)The provisions of sub-section (8) and sub-section (10) of section 80-IA shall, so far as may be, apply in relation to the undertaking referred to in this section as they apply for the purposes of the undertaking referred to in section 80-IA.] [Substituted by Act 10 of 2000, Section 7, for Section 10-B (w.e.f. 1.4.2001).](7A)[Where any undertaking of an Indian company which is entitled to the deduction under this section is transferred, before the expiry of the period specified in this section, to another Indian company in a scheme of amalgamation or demerger-(a)no deduction shall be admissible under this section to the amalgamating or the demerged company for the previous year in which the amalgamation or the demerger takes place; and(b)the provisions of this section shall, as far as may be, apply to the amalgamated or resulting company as they would have applied to the amalgamating or the demerged company if the amalgamation or the demerger had not taken place.](8)[ Notwithstanding anything contained in the foregoing provisions of this section, where the assessee, before the due date for furnishing the return of income under sub-section (1) of section 139, furnishes to the Assessing Officer a declaration in writing that the provisions of this section may not be made applicable to him, the provisions of this section shall not apply to him for any of the relevant assessment year:] [Substituted by Act 10 of 2000, Section 7, for Section 10-B (w.e.f. 1.4.2001).](9)[* * *] [ Sub-Sections (9) and (9-A) omitted by Act 32 of 2003, Section 8 (w.e.f. 1.4.2004).](9A)[* * *] [ Sub-Sections (9) and (9-A) omitted by Act 32 of 2003, Section 8 (w.e.f. 1.4.2004).][* * *] [ Explanation 1 omitted by Act 32 of 2003, Section 8 (w.e.f. 1.4.2004).][Explanation 2. - For the purposes of this section,-(i)"computer software" means-(a)any computer programme recorded on any disc, tape, perforated media or other information storage device; or(b)any customized electronic data or any product or service of similar nature as may be notified by the Board, which is transmitted or exported from India to any place outside India by any means;(ii)"convertible foreign exchange" means foreign exchange which is for the time being treated by the Reserve Bank of India as convertible foreign exchange for the purposes of the Foreign Exchange Regulation Act, 1973 (46 of 1973), and any rules made thereunder or any other corresponding law for the time being in force;(iii)"export turnover" means the consideration] [in respect of export by the undertaking] [ Substituted by Act 14 of 2001, Section 7, for " in respect of export" (w.e.f. 1.4.2001).][of articles or things or computer software received in, or brought into, India by the assessee in convertible foreign exchange in accordance with sub-section (3), but does not include freight, telecommunication charges or insurance attributable to the delivery of the articles or things or computer software outside India or expenses, if any, incurred in foreign exchange in providing the technical services outside India; [Substituted by Act 10 of 2000, Section 7, for Section 10-B (w.e.f. 1.4.2001).](iv)"hundred per cent. export-oriented undertaking" means an undertaking which has been approved as a hundred per cent. export-oriented undertaking by the Board appointed in this behalf by the Central Government in exercise of the powers conferred by section 14 of the Industries (Development and Regulation) Act, 1951 (65 of 1951), and the rules made under that Act;(v)"relevant assessment years" means any assessment years falling within a period of ten consecutive assessment years, referred to in this section.][Explanation 3. -For the removal of doubts, it is hereby declared that the profits and gains derived from on site development of computer software (including services for development of software) outside India shall be deemed to be the profits and gains derived from the export of computer software outside India.] [ Inserted by Act 14 of 2001, Section 7 (w.e.f. 1.4.2001).][Explanation 4. -For the purposes of this section, "manufacture or produce" shall include the cutting and polishing of precious and semi-precious stones.] [ Inserted by Act 32 of 2003, Section 8 (w.e.f. 1.4.2004).][Substituted by Act 10 of 2000, Section 7, for Section 10-B (w.e.f. 1.4.2001).]
