TRIVENI TURBINE LTD,NOIDA vs. ACIT, CIRCLE 5(3)(1), NOIDA
What did the Tribunal hold?
The Tribunal held that CSR expenditure, being a mandatory obligation under the Companies Act, is not eligible for deduction under Section 80G or Section 35(2AA) of the Income Tax Act. Allowing such deductions would reduce the actual CSR spending and was not the legislative intent.
What were the facts?
The assessee claimed deductions under Section 80G for donations and under Section 35(2AA) for contributions to IIT Bombay, which were part of their Corporate Social Responsibility (CSR) expenditure. The Assessing Officer and CIT(A) disallowed these deductions, holding that CSR expenditure is a mandatory obligation and not eligible for such deductions.
What were the issues?
Whether CSR expenditure, being a mandatory obligation, is eligible for deduction under Section 80G and Section 35(2AA) of the Income Tax Act.
Which sections of the Income-tax Act were involved?
Section 80G,Section 35(2AA),Section 37(1)
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Cases cited in this judgment(7)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
- FNF India (P.) Ltd. v. ACIT23 citing133 Taxmann.com 251 · 2021 · ITAT
- FNF India Private Limited v. ACIT15 citing194 ITD 463 · ITAT
- DCIT v. Peerless General Finance & Investment & Co. Ltd.14 citing112 Taxmann.com 410 · 2019 · ITAT
- (P.) Ltd. v. DCIT8 citing160 Taxmann.com 599 · 2024 · HC
- Cheil India (P.) Ltd. v. DCIT6 citing169 Taxmann.com 507 · 2024 · HC
- American Express (India) P. Ltd. v. Pr. CIT3 citing208 ITD 564 · 2024 · ITAT
Income Tax Appellate Tribunal, DELHI BENCH, ‘C’: NEW DELHI
Before: SHRI ANUBHAV SHARMA & SHRI KRINWANT SAHAY
PER KRINWANT SAHAY, AM:
This appeal by assessee is arising out of the order of National
Faceless Appeal Centre/ld. Commissioner of Income Tax (Appeals),
New Delhi, dated 20.02.2023 against the assessment order dated
2021 passed under section 143(3) of the Income Tax Act, 1961
(hereinafter ‘the Act’) pertaining to Assessment Year 2018-19. 2. Grounds of appeal raised by the assessee are as under:-
Violation of principles of natural justice
That on the facts and circumstances of the case and in law, the impugned order dated 20.02
The order continues below.
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More judgments on Section 80G
- Savan Dayalal Ladani, Rajkot vs Assistant Commissioner of Income Tax-2(1)…ITA 575/RJT/2026[2019-20]Status: Disposed19 Oct 2026AY 2019-20
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- Global University Foundation, Hyderabad vs CIT(Exemption), HyderabadITA 776/HYD/2026[2026-27]Status: Disposed16 Oct 2026AY 2026-27
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