M/S MERINO INDUSTRIES LTD.,KOLKATA vs. PCIT-2, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Pcit-2, M/S Merino Panel Products Ltd. Aaykar Bhavan, Chowringhee 5, Alexandra Court, 601/1, Chowringhee Road, Kolkata- Square, Kolkata-700069, Vs. 700020, West Bengal West Bengal (Appellant) (Respondent) Pan No. Aabcm5672Q Pcit-2, M/S Merino Industries Ltd. Aaykar Bhavan, Chowringhee 5, Alexandra Court, 601/1, Chowringhee Road, Kolkata- Square, Kolkata-700069, Vs. 700020, West Bengal West Bengal (Appellant) (Respondent) Pan No. Aaacc9186C Assessee By : Shri Shyam Sundar Jha, Ar Revenue By : Shri Subhendu Datta, Dr Date Of Hearing: 05.02.2025 Date Of Pronouncement : 24.02.2025

charitable trust registered u/s 80G(5) of the Act. ITA Nos. 922 & 923/KOL/2024 M/s Merono Panel Products Ltd; A.Y. 2018-19 Tax Treatment: The entire CSR expenditure of Rs.2 crores is to be disallowed and added back in terms of Explanation 2 to Section 37(1) of the Act. In terms of Section 135

M/S MERINO PANEL PRODUCTS LTD.,KOLKATA vs. PCIT-2, , KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Pcit-2, M/S Merino Panel Products Ltd. Aaykar Bhavan, Chowringhee 5, Alexandra Court, 601/1, Chowringhee Road, Kolkata- Square, Kolkata-700069, Vs. 700020, West Bengal West Bengal (Appellant) (Respondent) Pan No. Aabcm5672Q Pcit-2, M/S Merino Industries Ltd. Aaykar Bhavan, Chowringhee 5, Alexandra Court, 601/1, Chowringhee Road, Kolkata- Square, Kolkata-700069, Vs. 700020, West Bengal West Bengal (Appellant) (Respondent) Pan No. Aaacc9186C Assessee By : Shri Shyam Sundar Jha, Ar Revenue By : Shri Subhendu Datta, Dr Date Of Hearing: 05.02.2025 Date Of Pronouncement : 24.02.2025

charitable trust registered u/s 80G(5) of the Act. ITA Nos. 922 & 923/KOL/2024 M/s Merono Panel Products Ltd; A.Y. 2018-19 Tax Treatment: The entire CSR expenditure of Rs.2 crores is to be disallowed and added back in terms of Explanation 2 to Section 37(1) of the Act. In terms of Section 135

M/S. TEGA INDUSTRIES LIMITED,KOLKATA vs. D.C.I.T., CIRCLE - 11(1), KOLKATA

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

Bench: Shri George Mathan & Shri Rakesh Mishra

charitable trusts which have been approved under section 80G(6)(vi) and unlike sub-clauses (iiihk) and (iiihi), there is no restriction or prohibition set out in the said sub-clause denying deduction under section 80G for CSR contributions. [Para 13]” 7.2. It is further noticed that CSR expenditure is an obligation of the company specified in section 135

PRAMOD LAKRA, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 11(1), KOLKATA, KOLKATA vs. PHILLIPS CARBON BLACK LTD, KOLKATA

In the result, all the appeals of the revenue are dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

135 of the Companies Act, 2013 and was not voluntary in nature and thus did not qualify for deduction u/s 80G of the Act. The AO accordingly disallowed the same. It is submitted that the reason given by the AO for disallowing the deduction claimed u/s 80G in respect of CSR donations to registered charitable trusts is unjustified as nowhere

PRAMOD LAKRA,DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 11(1), KOLKATA, KOLKATA vs. PHILLIPS CARBON BLACK LTD., KOLKATA

In the result, all the appeals of the revenue are dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

135 of the Companies Act, 2013 and was not voluntary in nature and thus did not qualify for deduction u/s 80G of the Act. The AO accordingly disallowed the same. It is submitted that the reason given by the AO for disallowing the deduction claimed u/s 80G in respect of CSR donations to registered charitable trusts is unjustified as nowhere

PCBL LIMITED,KOLKATA vs. A.C.I.T., CIRCLE - 11(1),, KOLKATA

In the result, all the appeals of the revenue are dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

135 of the Companies Act, 2013 and was not voluntary in nature and thus did not qualify for deduction u/s 80G of the Act. The AO accordingly disallowed the same. It is submitted that the reason given by the AO for disallowing the deduction claimed u/s 80G in respect of CSR donations to registered charitable trusts is unjustified as nowhere

PRAMOD LAKRA, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), KOLKATA, KOLKATA vs. PHILLIPS CARBON BLACK LTD, KOLKATA

In the result, all the appeals of the revenue are dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

135 of the Companies Act, 2013 and was not voluntary in nature and thus did not qualify for deduction u/s 80G of the Act. The AO accordingly disallowed the same. It is submitted that the reason given by the AO for disallowing the deduction claimed u/s 80G in respect of CSR donations to registered charitable trusts is unjustified as nowhere

PRAMOD LAKRA,DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE -11(1), KOLKATA, KOLKATA vs. PHILIPS CARBON BLACK LTD , KOLKATA

In the result, all the appeals of the revenue are dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

135 of the Companies Act, 2013 and was not voluntary in nature and thus did not qualify for deduction u/s 80G of the Act. The AO accordingly disallowed the same. It is submitted that the reason given by the AO for disallowing the deduction claimed u/s 80G in respect of CSR donations to registered charitable trusts is unjustified as nowhere

DREAMLAND EDUCATION SOCIETY,HOOGHLY vs. ACIT, CIR-2, HOOGHLY, HOOGHLY

In the result the appeals of the assessee are allowed for statistical purposes

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am] I.T.A Nos. 489-495/Kol/2016 Assessment Years : 2005-06 To 2011-12

Trust, Society, Individual, Partnership firm or company. Here in the case of Dreamland Educational Society which derives excess of income over expenditure should reasonably be considered income under the head -' Income From Other Sources' under section 2(24(iia) read with section 2(15) of the Income Tax Act.” 6 7 ITA Nos.489-495/Kol/2016 Dreamland Education Society A.Yrs

L & T FINANCE LIMITED. ,KOLKATA vs. DCIT,CIR-5(1), KOLKATA. , KOLKATA

Bench: Shri Sanjay Garg & Dr. Manish Borad

charitable institution approved u/s 80G of the Act out I.T.A. Nos.1059&1060/Kol/2023 Assessment Years: 2018-19 & 2019-20 L&T Finance Limited of its CSR as mandated u/s 135 of the Companies Act, would be eligible for deduction u/s 80G of the Act. 6. Both the ld. Representatives of the parties in respect of their contentions have furnished written submissions

L & T FINANCE LIMITED. ,KOLKATA vs. DCIT, CIR-5(1), KOLKATA. , KOLKATA

Bench: Shri Sanjay Garg & Dr. Manish Borad

charitable institution approved u/s 80G of the Act out I.T.A. Nos.1059&1060/Kol/2023 Assessment Years: 2018-19 & 2019-20 L&T Finance Limited of its CSR as mandated u/s 135 of the Companies Act, would be eligible for deduction u/s 80G of the Act. 6. Both the ld. Representatives of the parties in respect of their contentions have furnished written submissions

M/S INTEGRATED EDUCATION RESEARCH CENTRE FOR ENGINEERING AND MANAGEMENT,KOLKATA vs. CIT(EXEMPTIONS), KOLKATA, KOLKATA

In the result the appeal is allowed while the stay application is dismissed

Bench: Shri N.V. Vasudevan & Shri M.Balaganesh

135 ITR 485 [Mad} v. ClT vs. Bhoruka Public Welfare Trust reported in 240 ITR 513 (Cal) [19991 vi. CIT vs. Jayashree Chaity Trust reported in 159 ITR 280 (Co') [1986] vii. Escorts Ltd.( J.K. Synthetics Ltd.) vs Union of India 199 ITR 43 (SC) (1993) It is noted that in any of the case mentioned above, other than Institute

DIAMOND BEVERAGES PVT. LTD.,KOLKATA vs. PCIT-2, KOLKATA

In the result, appeal of the assessee is allowed

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Rajesh Kumar, Hon’Blei.T.A. No. 208/Kol/2022 Assessment Year: 2017-18 Diamond Beverages Private Limited Pr. Cit, Kolkata - 2 P-41, Taratala Road Vs Taratala Kolkata – 700 088 Pan : Aabcd3346C अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : S. Agarwal, Aca Revenue By : Md. Ghayas Uddin, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 06/07/2022 घोषणा क" तारीख /Date Of Pronouncement: 06/07/2022 आदेश/O R D E R Per Shri Rajpal Yadav:

trust or institution approved under 80G. Only donation out of CSR expenses made to Swachh BharatKosh and Clean Ganga Fund are not allowable u/s 80G. As such it cannot be said that the above view is erroneous and there is a possible view that the expenditure which has been disallowed under sec 37 of the Act can be claimed

SUSHIL KUMAR BERLIA,SILIGURI vs. I.T.O., TDS, WARD - 5(2), SILIGURI

In the result, all the appeals of assessee are allowed

Bench: Sri Rajesh Kumar & Pradip Kumar Choubey

135 taxmann.com 336 (Kolkata Trib.) 1.3. Contrary to that, the ld. DR submitted that there were other judicial pronouncements such as Hon,ble Gujarat High Court, Bombay High Court have clearly held that sec 234E levies a fee to regularize said late filing which is a fixed charge for extra service which Department has to provide due to late filing

SHRI LAKSHMI NARAYAN EDUCATIONAL INSTITUTE ,KOLKATA vs. DDIT (EXEMPTION) - 1, KOLKATA , KOLKATA

In the result, this assessee's appeal is allowed in above terms

135 (Karn.) , CIT vs. Doon Foundation 22 TAXMANN 91 & CIT vs. Matriseva Trust (2000) 242 ITR 20 (Mad.) hold that donation from one Trust to another Trust performing the very nature of activities also amounts to application of income for charitable purposes. Not only this, various other judicial precedents CIT vs. Madrasa E- Bakhiyath-Us- Salihath Arabic College