“Section 135(5)”

B. Arunkumar Capital & Credit Services Pvt Ltd, Mumbai vs. Principal Commissioner of Income Tax 3, Mumbai

In the result the appeal filed by the assessee stands partly

Bench: Smt. Beena Pillai () & Shri Omkareshwar Chidara ()

this connection it is relevant to reproduce the provisions of the section 37 of the income-tax Act and section 135(5) of the Companies Act, 2013. Section 37 of the Income-tax Act, 1961 reads as under: - "Any expenditure (not being expenditure of the nature described in section ... shall not be deemed to be an expenditure incurred by the assessee for the purpose of the business or profession." Section 135(5) of the Company Act 2013 reads as under: - "The Board of every Company referred to in Sub section (1) shall ensure that company spends, in every financial

Jashan Jewels Private Limited, Mumbai vs. PCIT -5, Mumbai

In the result, the appeal of the assessee is stands allowed

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2020-21 Jashan Jewels Pvt. Ltd., Pcit, Mumbai-5, 301-B Aman Chambers Room No. 515, 5Th Floor, Aayakar Premises Co. Soc. Ltd., Mama Vs. Bhavan, Maharshi Karve Road, Paramand Marg, Opera House, Mumbai-400020. Girgaon, Mumbai-400 004. Pan No. Aabcj 7040 D Appellant Respondent

hence it cannot be inferred that the amount 80G of the Act, hence it cannot be inferred that the amount spent under section 135(5) of the C spent under section 135(5) of the Companies Act, 2013, the ompanies Act, 2013, the assessee is also eligible for deduction u/s80G ... expression "shall ensure" used in Section Section 80G. The expression "shall ensure" used in Section Section 80G. The expression "shall ensure" used in Section 135(5) of the Companies Act, 2013 clearly implies that there is 135(5) of the Companies Act, 2013 clearly implies that there is 135(5

Polynova Industries Limited, Mumbai vs. DCIT 14(1)(1), Mumbai

In the result, the appeal of the assessee stands allowed

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan () Assessment Year: 2020-21 Polynova Industries Limited Dcit 14(1)(1) 159, Cst Road, Kalina, Aayakar Bhavan,4Th Floor, Santacruz East, Vs. Mumbai- 400001 Mumbai- 400098 Pan No. Aabcl 0864 D Appellant Respondent

exceptions are provided in section 80G of the Act, it can be inferred that the other contributions made under Polynova Industries Limited 16 section 135(5) of the Companies Act are also eligible for deduction under section 80G of Income-tax Act subject to assessee satisfying the requisite conditions prescribed

Axis Finance Limited, Mumbai vs. DCIT 6(1)2, Mumbai

In the result, the appeal filed by the assessee is hereby allowed

Bench: Shri Sandeep Gosain & Shri Prabhash Shankaraxis Finance Limited, V/S. Deputy Commissioner Of Ground Floor Axis House, C-2 बनाम Income Tax– 6(1)(2), Wadia, International Center, Aayakar Bhawan, Mumbai P.B. Marg Worli, Prabhadevi, –400020, Maharashtra Mumbai–400 025, Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaack3010F Appellant/अपीलार्थी .. Respondent/प्रतिवादी

Further, provisions of section 80G of the Act provide for deduction for contribution made to specified funds which is other than CSR under section 135(5) of the Companies Act, 2013. The extract of those two exceptions is reproduced below: “80G(2)(a)(iiihk) the Swachh Bharat Kosh

Mahansaria Enterprises Pvt Ltd, Mumbai vs. Pr. CIT, Mumbai-5, Mumbai

In the result, the appeal of the assessee is allowed

Bench: Shri Vikram Singh Yadav & Shri Rahul Chaudharyassessment Year : 2020-21 Mahansaria Enterprises Private The Principal Commissioner Of Limited, Income Tax (Pcit), 301-304, 3Rd Floor, Vs. Room No. 515, 5Th Floor, Peninsula Chambers, Aayakar Bhavan, Peninsula Corporate Park, Maharshi Karve Road, G.K. Marg, Lower Parel West, Mumbai-400020 Mumbai-400026 Pan : Aaacy1568L (Appellant) (Respondent) For Assessee : Shri Vipul Joshi, Adv. & Prashant Bhumare For Revenue : Shri Satyaprakash R. Singh, Cit-Dr Date Of Hearing : 14-05-2025 Date Of Pronouncement : 11-06-2025 O R D E R Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Principal Commissioner Of Income Tax, Mumbai-5 [„Ld.Pcit‟] U/S. 263 Of The Income Tax Act, 1961 („The Act‟), Dated 17-03-2025, Pertaining To Assessment Year (Ay) 2020-21, Wherein The Assessee Has Taken The Following Grounds Of Appeal:

These exceptions are provided for claiming deduction under Section 80G of the Act, hence it cannot be inferred that the amount spent under section 135(5) of the Companies Act, 2013, the assessee is also eligible for deduction u/s. 80G of the Act even though the assessee may be satisfying ... extension should not qualify as voluntary donations under Section 80G of the Act. The expression "shall ensure" used in Section 135(5) of the Companies Act, 2013 clearly implies that there is a mandate to spend 2% of average net profits of the preceding three years on CSR activity

M/S Godfrey Phillips India Ltd, Mumbai vs. The Assessing Officer, National Faceless Assessment Centre, Delhi/ Circle1(3)(1), Mumbai

In the result, the appeal filed by the assessee is partly

Bench: Ms. Padmavathy S. & Shri. Raj Kumar Chauhan

alleged ground that the amount paid is not voluntary as the donations has been paid under Corporate Social Responsibility as per section 135(5) of the Companies Act, 2013, thus not covered under donation u/s. 80G of the Act 2. The Appellant prays that the aforesaid disallowance of deduction

Joint Commissioner of Income Tax OSD in Situ Circle 131, Mumbai vs. Tata Capital Housing Finance Limited, Mumbai

In the result, both the appeals of the Revenue are

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankar

Section 135 of the Companies Act, 2013 to spend certain amount for specified activities as per. The expression “shall ensure” used in Section 135(5) of the Companies Act 2013 clearly implies that there is a mandate to spend 2% of average net profits of the preceding three years

Joint Commissioner of Income Tax OSD in Situ Circle 131, Mumbai vs. Tata Capital Housing Finance Limited, Mumbai

In the result, both the appeals of the Revenue are

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankar

Section 135 of the Companies Act, 2013 to spend certain amount for specified activities as per. The expression “shall ensure" used in Section 135(5) of the Companies Act 2013 clearly implies that there is a mandate to spend 2% of average net profits of the preceding three years

Millennium Developers Private Limited, Mumbai vs. Principle Commissioner of Income Tax -3, Mumbai

In the result the appeal filed by the assessee is allowed

Bench: Shri Amarjit Singh & Shri Raj Kumar Chauhanmillennium Developers Pvt. Ltd. Pcit-3, Ground Floor, Ceejay House, Vs. R. No. 612, 6Th Floor, Aayakar Shivsagar Estate, Dr. Annie Besant Bhavan, M. K. Road, Road, Worli, Mumbai – 400 018 Mumbai-400 020 Pan: Aabcm6404C (Appellant) (Respondent) Assessee Represented By : Shri B. V. Jhaveri, Ld. Ar Department Represented By : Shri Anurag Tripathi, Ld. Dr Date Of Conclusion Of Hearing : 18.10.2024 Date Of Pronouncement : 17.01.2025

this connection it is relevant to reproduce the provisions of the section 37 of the Income-tax Act and section 135(5) of the Companies Act, 2013. Section 37 of the Income-tax Act, 1961 reads as under:- "Any expenditure (not being expenditure of the nature described in section ... shall not be deemed to be an expenditure incurred by the assessee for the purpose of the business or profession." Section 135(5) of the Company Act 2013 reads as under:- "The Board of av Company referred company spends, in every financial year Fallee Section (1) shall ensure that

Deputy Commissioner of Income Tax, Circle- 1, Thane, Ashar It Part, Wagle Industrial Estate, Thane West vs. Mahyco Monsanto Biotech (India) Private Limited, Sandozbaugh So Thane

Bench: Smt. Beena Pillai & Shri Prabhash Shankar

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “D”, MUMBAI BEFORE SMT. BEENA PILLAI, JUDICIAL MEMBER AND SHRI PRABHASH SHANKAR

Marsh India Insurance Brokers Private Limited, Mumbai vs. Assessment Unit, the National Faceless Assessment Centre, Delhi

In the result, appeal of the assessee is allowed for statistical purposes

Bench: Shri Narendra Kumar Billaiya, Hon’Ble & Shri Raj Kumar Chauhan, Hon’Ble

| आयकर अपीलीय अिधकरण "ायपीठ, मुंबई | IN THE INCOME TAX APPELLATE TRIBUNAL “J” BENCH, MUMBAI BEFORE SHRI NARENDRA KUMAR BILLAIYA, HON

M/S. Sonata Information, Mumbai vs. CIT Circle 3(4), Mumbai

Accordingly, disallowance of INR made by the Assessing Officer is deleted and Ground No.1 & 2 raised by the Assessee are allowed

Bench: SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

Section 135 of the Companies Act, 2013 to spend certain amount for specified activities as per. The expression "shall ensure used in Section 135(5) of the Companies Act 2013 clearly implies that there is a mandate to 2 A.Y.2020-2021 spend 2% of average net profits of the preceding three

Deutsche India Pvt. Ltd.(Earlier Known As 'Dboi Global Services Pvt. Ltd.), Mumbai vs. ACIT-1(3)(1), Mumbai

In the result, the appeal by the assessee is partly allowed for 16

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhail

Section 135 of the Companies Act, 2013 to spend certain amount for specified activities as per. The expression "shall ensure" used in Section 135(5) of the Companies Act 2013 clearly implies that there is a mandate to spend 2% of average net profits of the preceding three years