ASSISTANT COMMISSIONER OF INCOME TAX-3(4),MUMBAI, MUMBAI vs. LUBRIZOL INDIA PVT LTD, THANE

ITA 5955/MUM/2024Status: DisposedITAT Mumbai13 February 2025AY 2016-17Bench: SHRI B.R. BASKARAN (Accountant Member), SHRI ANIKESH BANERJEE (Judicial Member)1 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the additional depreciation claim was allowable as the amendment to Section 32(1)(iia) was curative and the balance depreciation could be claimed in the subsequent year. It also held that CSR expenses are voluntary and eligible for deduction under Section 80G, with no correlation to disallowance under Section 37.

What were the facts?

The assessee claimed additional depreciation on plant and machinery used for less than 180 days in FY 2014-15 and a deduction under Section 80G for CSR expenses. The Assessing Officer disallowed both claims, citing amendments to Section 32(1)(iia) and a correlation between CSR expenses and Section 80G claims.

What were the issues?

Whether additional depreciation on plant and machinery used for less than 180 days is allowable in the subsequent year, and whether CSR expenses are eligible for deduction under Section 80G.

Which sections of the Income-tax Act were involved?

Section 32(1)(iia),Section 80G,Section 37

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Income Tax Appellate Tribunal, MUMBAI BENCH “A”, MUMBAI

Before: SHRI B.R. BASKARAN & SHRI ANIKESH BANERJEE

For Appellant: Shri Paras Savla & Shri Shreyas
For Respondent: Shri Ram Krishn Kedia (SR DR)
Hearing: 11/02/2025Pronounced: 13/02/2025

PER ANIKESH BANERJEE:

Instant appeal of the revenue was filed against the order of the National Faceless Appeal Centre (NFAC), Delhi *for brevity, ‘L

The order continues below.

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