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| The Tax Publishers2021 TaxPub(DT) 3922 (Kol-Trib) : (2021) 190 ITD 0702 : (2021) 091 ITR (Trib) 0080 INCOME TAX ACT, 1961
Section 263
Since CSR contribution comprised of donation made to registered charitable trust, assessee was legally entitled to claim deduction under section 80G to arrive at the 'total income' in terms of Chater VI, and AO had allowed it after enquiry, therefore, order passed by AO could not be treated as erroneous and prejudicial to the interest revenue.
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Revision under section 263 - Erroneous and prejudicial order - CSR expenses/contribution allowed after enquiry by AO -
Assessee had claimed deduction of CSR expenses under section 80G which AO had allowed. Pr. CIT treated order passed by AO as erroneous and prejudicial to the interest of revenue on the ground that CSR exenditure could not have been allowed as per express prohibition given by Explanation 2 of sub-section (1) of section 37. Held: Since CSR contribution comprised of donation made to registered charitable trust, assessee was legally entitled to claim deduction under section 80G to arrive at the 'total income' in terms of Chater VI, and AO had allowed it after enquiry, therefore, order passed by AO could not be treated as erroneous and prejudicial to the interest revenue.
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2016-17
IN THE ITAT, KOLKATA BENCH
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