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(i) (a) WHETHER "ON-SITE" DEVELOPMENT OF
COMPUTER SOFTWARE QUALIFIES AS AN EXPORT
ACTIVITY FOR TAX BENEFITS UNDER SECTIONS 10A,
10AA AND 10B OF THE INCOME TAX ACT, 1961; AND
(a) CBDT had earlier issued a Circular (Circular
No. 694 dated 23.11.1994) which provided that a
unit should not be denied tax-holiday under
sections 10A or 10B on the ground that the
computer software was prepared 'on. -site', as
long as it teas a product of the unit. i.e., it is
produced by the unit. However, certain doubts
appear to have arisen following the insertion of
Explanation 3 to section 10A and 10B (vide
Finance Act, 2001) and Explanation 2 to section
IAA (vide Special Economics Zones Act, 2005)
providing that " the profits and gains derived from
on site development of computer software
(including services for development of software)
outside India shall he deemed to be the profits
and gains derived from the export of computer
software outside India". and a clarification has
been sought on the impact of the Explanation on
the tax-benefits as compared to the situation that
existed prior to the amendments.