“CSR expenditure”

Rpg Life Sciences Limited, Worli Mumbai vs. Principal Commissioner of Income Tax -5, Mumbai, Churchgate

In the result, appeal of the assessee is allowed

Bench: Shri Saktijit Dey, Hon’Ble & Shri Narendra Kumar Billaiya, Hon’Ble

highly debatable issue as the Co-ordinate Benches of the Tribunal have taken a consistent view that CSR expenditure can be claimed as donation u/s 80G of the Act in the cases of Motilal Oswal Securities Ltd. (ITA No. 1795/Mum/2023, order dated 18.08.2023), Allegis Services India

Gandhi Special Tubes Limited, Mumbai vs. ACIT- Circle 5(1)(1), Mumbai

The appeal of the assessee is allowed

Bench: Justice (Retd.) C V Bhadang & Ms Padmavathy S, Am

accordingly, the assessee is eligible to claim deduction. The PCIT did not accept the submissions of the assessee for the reason that the CSR expenditure are not voluntary social contributions and are incurred to comply with statutory mandate. The PCIT by placing reliance on the decision ... Supreme Court in the case of PVG Raju [(1976) SCR 1017] held that the donations need to be voluntary and therefore the CSR expenditure cannot be allowed as a deduction under section 80G. Since the AO has not made the disallowance towards the deduction claimed under section 80G, the PCIT

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

through the appellant submissions during the assessment proceedings had allowed deduction under section 80G of the Income Tax Act on the aforesaid amount of CSR expenditure. 3. The learned Principal Commissioner of Income-tax ought to have appreciated that the learned Assessing Officer had adopted one of the plausible views ... Officer was erroneous and prejudicial to the interest of the Revenue. 7. The learned Principal Commissioner of Income-tax ought to have appreciated that CSR expenditure of Rs.5,00,000 represents the payments that are made to eligible entities as listed in Section 80G of the Act. 8. Each

Siddharth Colorchem Private Limited, Nariman Point, Mumbai, Maharashtra vs. DCIT 3(3)(1), Mumbai, Aayakar Bhawan

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan () Assessment Year: 2020-21 Siddharth Colorchem Pvt. Ltd., Dcit 3(3)(1), 121 Atanta, Nariman Point, Aayakar Bhavan, Mumbai-400021. Vs. Mumbai-400020. Pan No. Aabcs 7709 L Appellant Respondent Assessee By : Mr. Prateek Jain Revenue By : Mr. R.A. Dhyani, Cit-Dr

Section 37(1) of the Act. However, the assessee simultaneously claimed a deduction of ₹15,00,000/-, being 50% of the said CSR expenditure, under Section 80G of the Act, which was erroneously allowed by the FAO. The Ld. PCIT was of the considered view that CSR expenditure, being ... Assessing Officer to frame a fresh assessment after making necessary verification and disallowing the deduction claimed under Section 80G in respect of the said CSR expenditure, after affording due opportunity of being heard to the assessee. 4. The Ld. PCIT in para 6.9 of the impugned order has noted that

Livlong Insurance Brokers Limited, Mumbai vs. PCIT -4, Mumbai

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

assessee had duly disclosed such facts on record during assessment proceedings and the AO taking note of such facts with specific reference to CSR expenditure claimed as deduction, preferred to allow the claim of the assessee u/s 80G of the Act. Therefore, on facts and the circumstances of the case ... prejudicial and liable to application of Explanation 2 to section 263 of the Act. 6.1 On merits of the case, the issue whether the CSR expenditure is allowable u/s.80G of the Act is also no more res integra by a catena of decisions by various Co-ordinate Benches

Axis Securities Limited, Mumbai vs. PCIT -4, Mumbai

In the result, appeal filed by the assessee is allowed

Bench: Shri Sandeep Gosain(Jm) & Shri Prabhash Shankar(Am) Axis Securities Limited Pcit-4 Unit 002A & 002B, Agastya Room No. 629 Corporate Park, Pirmal Realty Vs. Aayakar Bhavan Kamani Junction, Kurla-W M.K. Road Mumbai-400 070. Mumbai-400 020. Pan : Aabce6263F Appellant Respondent

order dated 20th March 2025 holding that the I deduction under Section 80G was erroneously allowed since the donation was in the nature of CSR expenditure which is not voluntary in nature and thus not eligible for deduction. It was further held that the issue of Section 80G/CSR ... that the donation claimed is out of "Expenses towards Corporate Social Responsibility". Based on the above, it is evident that details of donation and CSR expenditure were enquired by the AO and explanation was furnished by the Appellant which was accepted. The Hon'ble Supreme Court in the case

A.K. Capital Services Limited, Mumbai vs. PCIT, Mumbai

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

Bench: Shri Sandeep Gosain, () & Shri Prabhash Shankar, ()

From the records, we found that in this case, the assessee had debited an amount of Rs. 1,48,75,000/- on account of CSR expenditure and added the same to the total income in its computation of income. Since, the assessee claimed 100% of the CSR expenditure, as deduction ... CSR expenditure, which according to the Ld. PCIT was not permissible under law and the same is not clear from the order of AO while passing the order u/s. 143(3) of the Act. It is a case of Ld. PCIT that the AO allowed the claim of deduction

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

Axis Bank Foundation amounting to Rs. 5,99,48,745 by holding that the deduction under section 80G is not allowable with respect to CSR expenditure. 2. On the facts and in circumstances of the case and in law, the Hon'ble Commissioner of Income-tax (Appeal) has erred ... section 37 of the Act. 5. Per contra, the ld.AR has made oral and written submissions in this regard. It is argued that CSR expenditure is not deemed to be an expenditure incurred for the purpose of business and thereby not deductible under section 37 of the Act. However

Vistex Asia Pacific Privated Limited, Mumbai vs. PCIT-3, Mumbai

In the result, appeal of the assessee is allowed

Bench: Shri Saktijit Dey, Hon’Ble & Shri Narendra Kumar Billaiya, Hon’Ble

assessment order dated 29/07/2022 should not be treated as erroneous and prejudicial to the interest of the revenue as 50% of the CSR expenditure of Rs. 26,93,080/- is claimed as donation u/s 80G of the Act. The ld. Pr. CIT went on to hold that the assessment order ... interest of the revenue and directed the AO to disallow the deduction u/s 80G of the Act in respect of donation claimed out of CSR expenditure. 5. We have given a thoughtful consideration to the order of the ld. Pr. CIT. We are of the considered view that the issue

Stulz-Chspl (India) Private Limited, Mumbai vs. DCIT 16(2), Mumbai

In the result, appeal of the assessee is allowed

Bench: Shri Saktijit Dey, Hon’Ble & Shri Narendra Kumar Billaiya, Hon’Ble

highly debatable issue as the Co-ordinate Benches of the Tribunal have taken a consistent view that CSR expenditure can be claimed as expenditure u/s 80G of the Act in the cases of Motilal Oswal Securities Ltd. (ITA No. 1795/Mum/2023, order dated 18.08.2023), Allegis Services India

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:

expenses are not considered business-related and thus cannot be deducted. This provision underscores the legislative intent to impose CSR obligations without tax relief. CSR expenditures were never intended to provide fiscal advantages to companies but to ensure they fulfill their statutory obligations under Section 135 of the Companies ... elaborated in the Explanatory Notes to the Finance Bill 2014 (CBDT Circular No.1/2015 dated 21.01.2015) which is reproduced below:- "CSR expenditure, being an application of income, is not incurred wholly and exclusively for the purposes of carrying on business. As the application of income is not allowed as deduction

Aamir Khan Production Private Limited, Mumbai vs. Pr CIT-8, Mumbai

In the result, the appeal filed by the assessee is

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

nature did not require any legal obligation to make that contribution. The expenditure for which deduction had been claimed by the assessee was purely CSR expenditure on which 80G deduction was not allowable as CSR expenditure forms part of mandatory requirement of the Companies Act, 2013 and consequently ... expenditure incurred by the taxpayer on the activities relating to CSR referred to in section 135 of the Companies Act. According to the PCIT CSR expenditure formed part of the mandatory requirement of the Companies Act 2013, and consequently was not eligible for deduction u/s.80G of the Act and allowing

Elan Pharma (India) Pvt. Ltd., Mumbai vs. The Principal Commmissioner of Income Tax, Mumbai

In the result, the appeal of the assessee is allowed

Bench: Shri Saktijit Dey & Shri Narendra Kumar Billaiyaआयकर अपील सुं./Ita No. 2419/Mum/2025 (नििाारण वर्ा / Assessment Year :2020-21) Elan Pharma (India) Pvt. V/S. Pcit Ltd. बिाम Room No. 501, 5Th Floor, 501, Raikar Chambers, Aayakar Bhavan, Maharshi Govandi, Deonar, Mumbai- Karve Road, Mumbai- 400088 400020 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaace2436M Appellant/अपीलार्थी .. Respondent/प्रनिवादी निर्ााररती की ओर से /Assessee By: Shri Kuldip Mehta राजस्व की ओर से /Revenue By: Shri Ritesh Misra

prejudicial to the interest of revenue for the following reasons: 2.1 On verification of the records, it is seen that that assessee has disallowed CSR expenditure of Rs. 15,00,000/- u/s 37(1) in the computation of income. However, against the CSR expenditure, assessee has claimed 50% deduction ... r.w.s.144B of the Act on 09.09.2022.” 6. The basis for the assumption of jurisdiction u/s 263 of the Act is the CSR expenditure of Rs. 15,00,000/- claimed as donation u/s 80G of the Act. 7. After giving a thoughtful consideration to the reasons given by the PCIT