“explanation to section 37”

DCIT, CIRCLE-3(4), MUMBAI, MUMBAI vs. GLENMARK PHARMACEUTICALS LIMITED, MUMBAI

In the result, appeal of the Revenue for Assessment Year 2016-17

Bench: Shri Pawan Singh & Shri Girish Agrawal

Income-tax Act, 1961, on account of gifts and promotional expenses, without appreciating that such expenses were hit by the Explanation to Section 37(1), being in violation of ne Medical Council of India (Professional Conduct Etiquette and Ethics) Regulations, 2002 and CBDT Circular No. 5/2012?" (Tax Effect ... computed the disallowance on the total turnover, whereas the issue is related to sales promotion expenses and disallowance to be made as per explanation to section 37(1). It was also noted that ld. CIT(A) had adopted a completely different approach which was not at all the case

DCIT, CIRCLE-3(4), MUMBAI, MUMBAI vs. GLENMARK PHARMACEUTICALS LIMITED, MUMBAI

In the result, appeal of the Revenue for Assessment Year 2016-17

Bench: Shri Pawan Singh & Shri Girish Agrawal

Income-tax Act, 1961, on account of gifts and promotional expenses, without appreciating that such expenses were hit by the Explanation to Section 37(1), being in violation of ne Medical Council of India (Professional Conduct Etiquette and Ethics) Regulations, 2002 and CBDT Circular No. 5/2012?" (Tax Effect ... computed the disallowance on the total turnover, whereas the issue is related to sales promotion expenses and disallowance to be made as per explanation to section 37(1). It was also noted that ld. CIT(A) had adopted a completely different approach which was not at all the case

ACIT CC 4 3, MUMBAI, MUMBAI vs. MAERSK LINE INDIA PRIVATE LIMITED, MUMBAI

Bench: Shri Vikram Singh Yadav & Shri Sandeep Singh Karhail

should not be denied. In response, the assessee submitted that the CSR expenditure is not allowed in view of the explanation to section 37 and hence, the same is disallowed and added back while computing the total income. However, it was submitted that the Act nowhere states that the expenditure ... disallowed in terms of the Explanation to section 37 cannot be allowed by way of deduction in terms of section 80G of the Act. The AO, vide order passed under section143(3) of the Act, disagreed with the submission of the assessee and held that the provision of section

ACIT, CC 6(2), MUMBAI, MUMBAI vs. OVERSEAS INFRASTRUCTURE ALLIANCE (INDIA) PRIVATE LIMITED, MUMBAI

In the result, appeal by the assessee is allowed

Bench: Shri Sandeep Gosain & Shri Girish Agrawal

allowable and thus, made the addition. In the first appeal, assessee by placing its reliance on various decisions of Coordinate Bench submitted that Explanation to section 37 does not bar the assessee to claim deduction u/s. 80G for CSR expenditure which are otherwise eligible for deduction u/s.80G. It asserted that

ACIT, CC 6(2), MUMBAI, MUMBAI vs. OVERSEAS INFRASTRUCTURE ALLIANCE (INDIA) PRIVATE LIMITED, MUMBAI

In the result, appeal by the assessee is allowed

Bench: Shri Sandeep Gosain & Shri Girish Agrawal

allowable and thus, made the addition. In the first appeal, assessee by placing its reliance on various decisions of Coordinate Bench submitted that Explanation to section 37 does not bar the assessee to claim deduction u/s. 80G for CSR expenditure which are otherwise eligible for deduction u/s.80G. It asserted that

ACIT, CC 6(2), MUMBAI, MUMBAI vs. OVERSEAS INFRASTRUCTURE ALLIANCE (INDIA) PRIVATE LIMITED, MUMBAI

In the result, appeal by the assessee is allowed

Bench: Shri Sandeep Gosain & Shri Girish Agrawal

allowable and thus, made the addition. In the first appeal, assessee by placing its reliance on various decisions of Coordinate Bench submitted that Explanation to section 37 does not bar the assessee to claim deduction u/s. 80G for CSR expenditure which are otherwise eligible for deduction u/s.80G. It asserted that

ACIT, CC-6(2), MUMBAI, MUMBAI vs. OVERSEAS INFRASTRUCTURE ALLIANCE (INDIA) PRIVATE LIMITED, MUMBAI

In the result, appeal by the assessee is allowed

Bench: Shri Sandeep Gosain & Shri Girish Agrawal

allowable and thus, made the addition. In the first appeal, assessee by placing its reliance on various decisions of Coordinate Bench submitted that Explanation to section 37 does not bar the assessee to claim deduction u/s. 80G for CSR expenditure which are otherwise eligible for deduction u/s.80G. It asserted that

ACIT, CC 6(2), MUMBAI, MUMBAI vs. OVERSEAS INFRASTRUCTURE ALLIANCE (INDIA) PRIVATE LIMITED, MUMBAI

Bench: Shri Sandeep Gosain & Shri Girish Agrawal

IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH MUMBAI BEFORE SHRI SANDEEP GOSAIN, JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL, ACCOUNTANT

OVERSEAS INFRASTRUCTURE ALLIANCE(INDIA) PRIVATE LIMITED ,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 6(2), MUMBAI

Bench: Shri Sandeep Gosain & Shri Girish Agrawal

IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH MUMBAI BEFORE SHRI SANDEEP GOSAIN, JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL, ACCOUNTANT

OVERSEAS INFRASTRUCTURE ALLIANCE(INDIA) PRIVATE LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -6 , MUMBAI

In the result, appeal by the assessee is allowed

Bench: Shri Sandeep Gosain & Shri Girish Agrawal

allowable and thus, made the addition. In the first appeal, assessee by placing its reliance on various decisions of Coordinate Bench submitted that Explanation to section 37 does not bar the assessee to claim deduction u/s. 80G for CSR expenditure which are otherwise eligible for deduction u/s.80G. It asserted that

OVERSEAS INFRASTRUCTURE ALLIANCE (INDIA) PRIVATE LIMTIED ,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 6(2), MUMBAI

In the result, appeal by the assessee is allowed

Bench: Shri Sandeep Gosain & Shri Girish Agrawal

allowable and thus, made the addition. In the first appeal, assessee by placing its reliance on various decisions of Coordinate Bench submitted that Explanation to section 37 does not bar the assessee to claim deduction u/s. 80G for CSR expenditure which are otherwise eligible for deduction u/s.80G. It asserted that

OVERSEAS INFRASTRUCTURE ALLIANCE (INDIA) PRIVATE LIMTIED ,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 6(2), MUMBAI

In the result, appeal by the assessee is allowed

Bench: Shri Sandeep Gosain & Shri Girish Agrawal

allowable and thus, made the addition. In the first appeal, assessee by placing its reliance on various decisions of Coordinate Bench submitted that Explanation to section 37 does not bar the assessee to claim deduction u/s. 80G for CSR expenditure which are otherwise eligible for deduction u/s.80G. It asserted that

ACIT CC 6(2), MUMBAI, MUMBAI vs. OVERSEAS INFRASTRUCTURE ALLIANCE (INDIA) PRIVATE LIMITED, MUMBAI

In the result, appeal by the assessee is allowed

Bench: Shri Sandeep Gosain & Shri Girish Agrawal

allowable and thus, made the addition. In the first appeal, assessee by placing its reliance on various decisions of Coordinate Bench submitted that Explanation to section 37 does not bar the assessee to claim deduction u/s. 80G for CSR expenditure which are otherwise eligible for deduction u/s.80G. It asserted that

ACIT, CC-6(2), MUMBAI, MUMBAI vs. OVERSEAS INFRASTRUCTURE ALLIANCE (INDIA) PRIVATE LIMITED, MUMBAI

In the result, appeal by the assessee is allowed

Bench: Shri Sandeep Gosain & Shri Girish Agrawal

allowable and thus, made the addition. In the first appeal, assessee by placing its reliance on various decisions of Coordinate Bench submitted that Explanation to section 37 does not bar the assessee to claim deduction u/s. 80G for CSR expenditure which are otherwise eligible for deduction u/s.80G. It asserted that

HERE SOLUTIONS INDIA PRIVATE LIMITED,MUMBAI vs. THE DEPUTY COMMISSIONER OF INCOME TAX (CIRCLE 4(2)(1), MUMBAI), MUMBAI

In the result, appeal of the assessee is allowed

Bench: Smt. Beena Pillai & Shri Girish Agrawalassessment Year: 2022-23

gross total income which is computed after making necessary allowances / disallowances in accordance with Section 28-44BB of the Act including Explanation to Section 37(1). Thus, Section 37(1) and Section 80G of the Act are independent and the principles governing what is not allowable u/s. 37

ICICI SECURITIES LIMITED,MUMBAI vs. PRINCIPAL COMMISSIONER OF INCOME TAX, MUMBAI -4, MUMBAI

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

Bench: SHRI AMIT SHUKLA (Judicial Member), SMT RENU JAUHRI (Accountant Member)

gross total income which is computed after making necessary allowances / disallowances in accordance with Section 28-44BB of the Act including Explanation to Section 37(1). Thus, Section 37(1) and Section 80G of the Act are independent and the principles governing what is not allowable u/s. 37

DCIT, CIRCLE 3 4, MUMBAI, MUMBAI vs. TATA CONSULTANCY SERVICES LIMITED, MUMBAI

Bench: Shri Pawan Singh & Shri Girish Agrawal

IN THE INCOME TAX APPELLATE TRIBUNAL “H” BENCH MUMBAI BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL, ACCOUNTANT