M/S. THE SANDUR MANGANESE & IRON ORES LTD,SANDUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, BELLARY

ITA 1965/BANG/2018Status: DisposedITAT Bangalore29 June 2022AY 2015-1652 pages
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What did the Tribunal hold?

The Tribunal held that CSR expenses incurred prior to April 1, 2013, are allowable as revenue expenditure. Regarding Section 14A disallowance, it directed the Assessing Officer to re-work it based only on investments that yielded tax-free income.

What were the facts?

The assessee, engaged in mining, claimed various expenses including CSR activities, employee gifts, and road repairs as business expenditure. The Assessing Officer disallowed these, treating some as capital expenditure or not wholly for business purposes, and also made additions related to e-auction sales.

What were the issues?

Whether CSR expenses are allowable as business expenditure and how Section 14A disallowance should be computed when exempt income is earned.

Which sections of the Income-tax Act were involved?

Section 37(1),Section 14A

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Cases cited in this judgment(23)Show list

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Income Tax Appellate Tribunal, ‘C’ BENCH : BANGALORE

Before: SHRI. CHANDRA POOJARI & SMT. BEENA PILLAI

For Appellant: Shri V.S. Chakrapani, CIT-

PER BEENA PILLAI, JUDICIAL MEMBER Present appeals are filed by assessee against separate orders passed by Ld.CIT(A)-Gulbarga dated 20/03/2018 for A.Ys. 2012- 13 & 2015-16. 2. At the outset, the Ld.AR submitted that grounds in both these years are identical and therefore for the sake of convenience, we reproduce the grounds raised by assessee for A.Y. 2012-13 which are as under:

Page 2 ITA Nos. 1964 & 1965/Bang/2018 “1. The learned CIT (A) erred in passing the order in the manner which he did.

2.

Construction of houses for flood victims: On the facts and in the circumstances of the case the expenses claimed under Section 37(1) of the

The order continues below.

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