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2021 (7) TMI 907 - AT - Income TaxRevision u/s 263 by CIT - deduction of CSR expenses u/s 80G which the AO has allowed erronouslly as per express prohibition given by Explanation 2 of Sub-section (1) of Section 37 - HELD THAT:- We concur with the contention of the assessee that since Parliament intended certain restrictions to only CSR expenditure in respect of two donations included by an assessee as CSR expenditure i.e. [Swachh Bharat Kosh and Clean Ganga Fund] has impliedly not made any prohibition/restriction in respect of claim of CSR expenses in other cases if it is otherwise eligible under Section 80G. The assessee has made donation by RTGS Through UCO Bank which is received by Shree Charity Trust which was 80G(5)(vi) certificate of the Department. The assessee has also made payment to Pt. Jashraj Music Academy Trust and the approval u/s 80G (5)(vi) of the Act in respect of Pt. Jashraj Music Academy Trust is found given by Director of Income Tax (Exemption). Therefore, since the assessee satisfies the condition u/s. 80G of the Act of the donees, the assessee’s claim for deduction of CSR expenses/contribution u/s 80G of the Act was allowed after enquiry by the AO. Thus we are of the opinion that the action of the AO allowing the claim u/s. 80G of the Act is a plausible view - PCIT has not been able to make out a case that on this issue raised by him, the AO's order is erroneous as well as prejudicial to the revenue. So the jurisdictional fact as well as law is absent for invoking revisional jurisdiction. - Decided in favour of assesee.
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