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“CSR disallowance”

Business ExpensesSection 37Section 376 judgments

The decision most relied on for CSR disallowance is JMS Mining (P.) Ltd. v. PCIT (130 Taxmann.com 118), cited in 93 judgments on BharatTax.

Leading authorities on CSR disallowance

JMS Mining (P.) Ltd. v. PCIT
130 Taxmann.com 118 · 2021 · ITAT
93
citing judgments

Donations made as part of Corporate Social Responsibility (CSR) expenditure are eligible for deduction under Section 80G if all conditions of Section 80G are satisfied. Such expenses are not automatically disallowed merely because they are CSR expenditure, in the absence of specific amendments to Section 80G similar to those in Section 37(1).

ACIT v. Jindal Power Ltd.
70 Taxmann.com 389 · 2016 · ITAT
30
citing judgments

Expenditure incurred voluntarily for Corporate Social Responsibility (CSR) purposes is not disallowed if Section 37(1) Explanation 2, which applies to statutory obligations, is not triggered. Additionally, Section 37 is prospective from AY 2015-16, making it inapplicable for AY 2013-14 disallowances.

FNF India (P.) Ltd. v. ACIT
133 Taxmann.com 251 · 2021 · ITAT
23
citing judgments

Donations made for corporate social responsibility (CSR) expenses, if disallowed under Section 37(1), are eligible for deduction under Section 80G of the Income Tax Act.

InterGlobe Technology Quotient P Ltd. v. ACIT
163 Taxmann.com 542 · 2024 · High Court
22
citing judgments

Mandatory Corporate Social Responsibility (CSR) expenditure does not automatically justify its disallowance under Section 80G of the Income-tax Act, provided other conditions for the deduction are met. CSR expenses are not eligible for deduction as business expenditure under Section 37(1) of the Act.

Sling Media (P.) Ltd. v. DCIT
194 ITD 1 · 2022 · ITAT
21
citing judgments

Expenditure incurred on Corporate Social Responsibility (CSR) cannot be allowed as a deduction under Section 37(1) of the Income-tax Act, 1961, following Explanation 2 to Section 37(1) introduced by Finance Act No. 2 of 2014.

DCIT v. Peerless General Finance & Investment & Co. Ltd.
112 Taxmann.com 410 · 2019 · ITAT
14
citing judgments

Deductions under Section 80G are permissible even when CSR expenditure is disallowed under Section 37(1). The Tribunal upholds the CIT(A)'s order allowing the Section 80G deduction based on prior decisions.

CIT v. Velumanickam Lodge
317 ITR 338 · 2009 · High Court
13
citing judgments

Expenditure incurred by a taxpayer in earning dividend income is not disallowable. Disallowance of CSR expenditure can be limited to a percentage of the total expenditure.

Cholan Roadways Corporation Ltd. v. CIT
235 ITR 473 · 1999 · Reported
10
citing judgments

Corporate Social Responsibility (CSR) expenditure can be disallowed to a certain extent based on the analysis of the expenditure incurred. This case supports the partial disallowance of CSR expenditure.

Judgments citing CSR disallowance