S KANT HEALTHCARE LTD ,MUMBAI vs. PRINCIPAL COMMISSIONERER OF INCOME TAX CIRCLE -5, MUMBAI

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ITA 3357/MUM/2025Status: DisposedITAT Mumbai25 July 2025AY 2021-22Bench: SHRI NARENDRA KUMAR BILLAIYA, HON'BLE (Accountant Member), SHRI ANIKESH BANERJEE, HON'BLE JUDICIAL MEMBER Ι.Τ.Α. No. 3357/Mum/2025 Assessment Year: 2021-22 S Kant Healthcare Ltd. Vs The Principal Commissioner of Income Tax - 5 3-A, Shivsagar Estate North Wing Dr. Annie Besant Road Worli Mumbai - 400018 [PAN: AAECS5406P] अपीलार्थी/ (Appellant) प्रत्यर्थी / (Respondent) Assessee by : Shri V. Jani, A/R Revenue by : Shri Swapnil Choudhary, Sr. D/R सुनवाई की तारीख/Date of Hearing : 23/07/2025 घो1 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the issue of claiming CSR expenditure as donation under Section 80G is a debatable issue. They further noted that the PCIT's view was a change of opinion, which is not a valid basis for assuming jurisdiction under Section 263.

What were the facts?

The assessee claimed deduction under Section 80G, which the Principal Commissioner of Income Tax (PCIT) believed was from CSR expenditure and thus not allowable, initiating proceedings under Section 263. The PCIT believed the original assessment order was erroneous and prejudicial to revenue.

What were the issues?

Whether the PCIT can assume jurisdiction under Section 263 based on a change of opinion regarding the allowability of Section 80G deduction on CSR expenditure?

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3),Section 144B,Section 80G

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Income Tax Appellate Tribunal, “G” BENCH, MUMBAI

Before: SHRI NARENDRA KUMAR BILLAIYA, HON’BLE & SHRI ANIKESH BANERJEE, HON’BLE

For Appellant: Shri V. Jani, A/R
Hearing: 23/07/2025Pronounced: 25/07/2025

Assessee by : Shri V. Jani, A/R Revenue by : Shri Swapnil Choudhary, Sr. D/R सुनवाई की तारीख/Date of Hearing : 23/07/2025 घोषणा की तारीख /Date of Pronouncement: 25/07/2025 आदेश/O R D E R

PER NARENDRA KUMAR BILLAIYA, AM:

1.

This appeal by the assessee is preferred against the order of the ld. Principal Commissioner of Income Tax [hereinafter ‘the ld. Pr. CIT’] dated 19/03/2025 framed u/s 263 of the Income-tax Act, 1961 (hereinafter ‘the Act’) pertaining to AY 2021-22.

2.

The sum and substance of the grievance of the assessee is that the ld. Pr. CIT erred in assuming jurisdiction conferred upon him by the provisions of Section 263 of the Act further erred in holding that the assessment order dated 27/12/2022 framed u/s 143(3) r.w.s. 144B of the Act is erroneous inasmuch as it is prejudicial to the interest of the revenue.

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