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2023 (8) TMI 636 - ITAT RAIPURMAT computation - disallowance of CSR expenses made by the AO for calculating book profit to arrive at MAT u/s 115JB - HELD THAT:- Since the department has not raised any argument with respect to preparation of account of the company or doubted on audited accounts of the assessee that the same are not in accordance with the provisions of the Companies Act. Respectfully following the ratio of law laid down in the case of Apollo Tyres [2002 (5) TMI 5 - SUPREME COURT] which was further followed in the case of GE Powers Systems India Pvt. Ltd [2022 (9) TMI 815 - ITAT DELHI] we are of the considered opinion that the adjustment made by the AO by invoking provisions of sec. 154 making addition of CSR expenses to the book profit of the company while determining the book profit u/s. 115JB was bad in law which was rightly deliberated and comprehended by the CIT(A). Therefore, the order of the Ld.CIT(A) cannot be held as erroneous, thus, the same deserves to be sustained, and we do so. In the result, appeal filed by the Revenue stands dismissed.
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