RPG LIFE SCIENCES LIMITED,WORLI MUMBAI vs. PRINCIPAL COMMISSIONER OF INCOME TAX -5, MUMBAI, CHURCHGATE, MUMBAI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the issue of CSR expenditure being claimed as a donation u/s 80G is a debatable issue. Therefore, the view taken by the AO during the assessment proceedings was a plausible view, and the Pr. CIT's assumption of jurisdiction u/s 263 based on a change of opinion was not sustainable.
What were the facts?
The assessee debited Rs. 34,00,000/- towards Corporate Social Responsibility (CSR) expenses. The Pr. CIT assumed jurisdiction u/s 263 of the Act, believing the expenditure was not allowable as a deduction u/s 80G and was prejudicial to revenue.
What were the issues?
Whether the Pr. CIT was justified in assuming jurisdiction u/s 263 of the Act when the issue raised was debatable and the AO's view was plausible?
Which sections of the Income-tax Act were involved?
Section 263,Section 143(3),Section 144B,Section 80G,Section 37(1)
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- JMS Mining (P.) Ltd. v. PCIT93 citing130 Taxmann.com 118 · 2021 · ITAT
Income Tax Appellate Tribunal, “G” BENCH, MUMBAI
Before: SHRI SAKTIJIT DEY, HON’BLE & SHRI NARENDRA KUMAR BILLAIYA, HON’BLE
O R D E R
PER NARENDRA KUMAR BILLAIYA, AM:
This appeal by the assessee is preferred against the order of ld. Pr. CIT, Mumbai – 5 [hereinafter “the ld. Pr. CIT”] dated pertaining to AY 2018-19.
The sum and substance of the grievance of the assessee is that the ld. Pr. CIT erred in assuming jurisdiction u/s 263 of the Act further erred in holding that the assessment order dated 21/09/2022 framed u/s 143(3) r.w.s. 144B of the Act is not only erroneous but also prejudicial to the interest of the revenue. 3. The cause for the assumption of jurisdiction by the ld. Pr. CIT can be understood from the following notices:-
More judgments on Section 263
- Gillette India Limited, Mumbai vs Principal Commissioner of Income Tax, JaipurITA 1316/JPR/2026[2018-19]Status: Disposed16 Oct 2026AY 2018-19
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Vimal Harilal Baldania, Gandhidham vs The ITO Ward 2, GandhidhamITA 770/RJT/2025[2017-18]Status: Disposed15 Oct 2026AY 2017-18
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1493/KOL/2026[2015-2016]Status: Disposed15 Oct 2026AY 2015-2016
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1492/KOL/2026[2013-2014]Status: Disposed15 Oct 2026AY 2013-2014
Recent GST High Court judgments
Search GST case law →- M/S Chicvogue Fashions Lip, Ganjam vs. State Tax Officer Bhubaneswar- Ii CircleOrissa · 31 Oct 2026
- M/S Priya, Townhall Road, Cuttack vs. Superintendent Cuttack- I Range, CuttackOrissa · 31 Oct 2026
- Dwaraka Jewellers, Bhubaneswar vs. Superintendent, CGST And Central Excise, BhubaneswarOrissa · 31 Oct 2026
- M/S N D Waddar And Co vs. Sri Gaurav GuptaKarnataka · 30 Oct 2026
- Kanwar Enterprises Private Limited vs. The Joint Commissioner - State TaxTelangana · 30 Oct 2026