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Clarification on applicability of sec 10B/10BA

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yaswanth yash

22 Points Posted on 08 August 2022

I have started my business in Aug 2022.
As per sec 10B/10BA of the income tax act if an taxpayer has exporting out of India of eligible articles or things then he will be eligible claim exemption under sec 10B/10BA.

I am selling the ebooks outside India.

Am I eligible to claim exemption under sec 10B/10BA.

Is the definition of article covers the ebooks also.

Is there any form to be filed for getting this benefit.

Please help me out this with reference to the act.

Replies (1)

Adv. Ravish Bhatt, ADIT, CIOT

Dual Qualified Lawyer/ Solicitor Intern

1110 Points Posted on 22 August 2022

Per 10BA eligible articles or things have to be hand-made articles or things of artistic value that requires use of wood as the main raw material; apparently e-books are out of the purview of 10BA. Anyway, 10BA benefits are not available in 2022.

As it appears to me, s.10B benefit was available only for assessment year prior to the AY beginning on 01.04.2012. If they had been available it perhaps could have been argued that ebooks fall within ambit of customized electronic data and therefore fall within meaning of “Computer Software” to be eligible for exemption.

Author: Advocate Ravish Bhatt
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