“CSR expenditure”

Almonard Private Limited, Mumbai vs. Ac 6(1)(1), Mumbai

Bench: Shri Pawan Singh(Jm) & Shri Omkareshwar Chidara(Am) Almoard Private Limited Acit-6(1)(1) 305, Kakad Chambers Aayakar Bhavan Dr. Annie Besant Road Vs. M.K. Road Worli, Mumbai-400 018 Mumbai-400 020. Pan : Aabca0188R Appellant Respondent

interest of Revenue because of following reasons :- a) The 80G deduction of donation claimed is not made out of voluntariness. The Corporate Social Responsibility (CSR) expenditure 2 Almoard Private Limited was made mandatory by Government and “donation” has to be “voluntary”. b) Allowing 80G and CSR expenditure would lead ... double deduction. c) The CSR expenditure concept was introduced to see that bigger companies share the burden of importing the economic conditions of society. 3. Hence, the Ld. PCIT held that the order of Ld. AO is incorrect and set aside the same, because the order

Panama Petrochem Limited, Mumbai vs. Deputy Commissioner of Income-Tax, Mumbai

Bench: Shri Sandeep Gosain (Jm) & Shri Omkareshwar Chidara (Am) Panama Petrochem Limited Pcit-8 401, Aza House, 24 Turner Room No. 611 Road, Bandra West Vs. Aayakar Bhavan Mumbai-400 050. M.K. Road Mumbai-400 020. Pan : Aaccp4358D Appellant Respondent

donation given by appellant is not allowable under section 80G of the Act because the same amount was already claimed as Corporate Social Responsibility (CSR) expenditure, which is mandatory in nature as per the provisions of Companies Act. The Ld. PCIT quoted Explanation 2 to section ... which come into effect from 1.4.2015, says CSR expenditure incurred by the appellant cannot be allowed as business expenditure. As the Ld. AO has allowed this expenditure as deduction under section 80G of the Act, Ld. PCIT held that the same is bad in law. The Ld. PCIT has directed

Wns Global Services Private Limited, Mumbai vs. Asessment Unit, National Faceless Assessment Centre, New Delhi

In the result, the appeal of the assessee bearing ITA No

Bench: Shri Anikesh Banerjee & Shri Prabhash Shankarwns Global Services Private Vs Assessment Unit, National Faceless Limited, Mumbai Assessment Centre, New Delhi Pl-10/11, Gate No.4, Godrej- Boyce Complex, Pirojshanagar, L.B.S.Marg, Vikhroli (West), Mumbai-400 079 Pan: Aaacw2598L Appellant Respondent

that there is no bar on the Appellant to claim deduction under Section 80G of the Act in respect of eligible donations made towards CSR expenditure d) without appreciating the fact that the amount grouped under CSR contributions has been paid by the Appellant on voluntary basis, and hence ... expressed its intention clearly by bringing in restriction in respect of expenditure classified by an assessee company while claiming deduction under section 80G i.e. CSR expenditure related to Swachh Bharat Kosh and Clean Ganga Fund. And if the Parliament desired, it could have been made such kind of restriction

Owens-Corning (India) Private Limited, Mumbai vs. Deputy Commissioner of Income Tax-15(1)(1), Mumbai

The appeal of the appellant is allowed for statistical purposes

Bench: Shri Sandeep Gosain (Jm) & Shri Omkareshwar Chidara (Am)

section 37 of the Act without considering the fact that the same is claimed as other deduction in the ROI. (d) Deduction of donation, CSR expenditure - INR 26,16,852 and Interest on TDS -1,870 3.4 The Ld. AO erred in not considering the disallowances made under section ... relating to donation and CSR expenditure of INR 26,16,852 and interest on TDS of INR 1870. The Appellant submits that the Ld. AO be directed to delete all the aforesaid double disallowances aggregating to INR 8,52,48,385. 4. Re: Reduction of deferred tax credited to profit

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

same is accordingly dismissed. Ground No.2 10. In the written argument on behalf the revenue it has been argued:- firstly if CSR expenditure is deductible under Section 80G, it would render explanation 2 to Section 37(1) nugatory; Secondly, Section Page | 9 ITA No. 1218/Mum/2024 M/s. Godfrey Phillips India ... encourage philanthropy and voluntary social contributions. Section 80G was designed to incentivize purely voluntary donations, not statutorily mandated CSR _ obligations. Therefore, allowing CSR expenditures to quality under Section 80G would undermine the legislative intent behind the disallowance introduced in Section 37(1). In written arguments, the Id. DR has referred

Sri Devi Tool Engineers Private Ltd, Mumbai vs. Asst. Director of Income Tax, CPC, Bengaluru

In the result appeal is partly allowed

Bench: Smt Beena Pillai & Smt. Renu Jauhriआयकर अपील सं./Ita No.6822/Mum/2024 (निर्धारण वर्ष / Assessment Year :2020-21) Sri Devi Tool Engineers V/S. Asst. Director Of Income Private Ltd. Tax, Cpc A 61, Nandjyot Industrial Est, Andheri, Kurla Road Safed, Sakinaka S.O. 400072 1St Floor, Prestige Alpha No. 48/1 48/2, बनाम Beratenaagrahara Begur, Hosur Road, Uttarahalli Hobli, Karnataka 560100 Bengaluru, स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaacs6211N Appellant/अपीलार्थी .. Respondent/प्रतिवादी निर्धारिती की ओर से /Assessee By: Shri. Fenil Bhatt राजस्व की ओर से /Revenue By: Ms. Kavitha Kaushik (Sr Dr) सुनवाई की तारीख / Date Of Hearing 01.04.2025 घोषणा की तारीख/Date Of Pronouncement 07.04.2025 आदेश / Order Per Renu Jauhri [A.M.] :- This Appeal Is Filed By The Assessee Against The Order Of The Learned Commissioner Of Income-Tax (Appeals)/National Faceless Appeal Centre, Delhi [Hereinafter Referred To As “Cit(A)”] Dated 29/10/2024 Passed U/S.250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As “Act"] For Assessment Year [A.Y.] 2020-21. Page 2

Capital Expenditure debited to P&L A/c. Loss on sale of fixed assets Exchange loss related to PPE Expenditure on Corporate Social Responsibility (CSR) CSR Expenditure Any other disallowance u./s 37 Amount inadmissible us 23 of MSMED Act Prior Period Expenses Donation Total disallowance Page 5 Disallowance