2023 (8) TMI 1650 - AT - Income Tax

Revision u/s 263 - Deduction u/s 80G on the CSR expenditure - HELD THAT - AO has considered the claim of deduction u/s 80G on the expenditure which was part of CSR expenditure and also examined the issue that the assessee has added back the CSR expenditure in its return of income. Therefore we consider that the order passed by the Ld. PCIT u/s 263 is not justified. Therefore we set aside the order passed u/s 263 of the Act and allow the grounds of appeal of the assessee.

Summary

ISSUES:

Whether the order passed under section 263 of the Income Tax Act, 1961 ("the Act") was rightly invoked to set aside the assessment order as erroneous and prejudicial to the interest of the revenue.Whether the expenditure incurred on Corporate Social Responsibility (CSR) amounting to Rs. 3,30,86,000/- can be disallowed under section 37 of the Act.Whether the deduction claimed under section 80G of the Act on donations forming part of CSR expenditure is allowable.Whether the Assessing Officer (AO) had applied his mind and properly examined the claim of deduction under section 80G and the disallowance of CSR expenditure in the return of income.

RULINGS / HOLDINGS:

The invocation of section 263 of the Act was not justified as the assessment order passed under section 143(3) was neither "erroneous" nor "prejudicial to the interests of the revenue", given that the AO had examined the relevant issues.The CSR expenditure of Rs. 3,30,86,000/- was correctly added back in the return of income and thus not claimed as a deduction under section 37 of the Act.The deduction claimed under section 80G of the Act amounting to Rs. 1,51,88,545/- on donations out of CSR expenditure was allowable as the AO had examined and allowed the deduction after verifying eligibility and supporting documents.The AO had duly considered and examined the submissions and evidence regarding CSR expenditure and section 80G deductions during the assessment proceedings, demonstrating that the AO had applied his mind to the issues.

RATIONALE:

The Court applied the statutory framework of the Income Tax Act, 1961, specifically sections 37, 80G, 143(3), and 263.Section 263 can only be invoked if the assessment order is "erroneous" and "prejudicial to the interests of the revenue". The Court relied on precedents establishing that mere non-discussion of an issue in the assessment order does not imply lack of application of mind by the AO.The Court noted that the AO had issued notices under section 142(1), sought detailed submissions, and examined documentary evidence relating to CSR expenditure and section 80G deductions, thereby fulfilling the requirement of applying mind.The Court referred to judicial pronouncements emphasizing that invocation of section 263 is inappropriate when the AO has made inquiries and considered the relevant facts and law.The Court recognized that CSR expenditure was added back in computing income, and the deduction under section 80G was claimed only on eligible donations with proper documentation, consistent with the statutory provisions.There was no dissenting or concurring opinion recorded.