2018 (6) TMI 552 - AT - Income Tax

Government Undertaking's CSR expenses deemed deductible by Tribunal under Income Tax Act

The Tribunal allowed the appeal filed by the Government Undertaking, holding that the deduction of Corporate Social Responsibility (CSR) expenses by the ... Deduction for CSR expenditure - Allowable deduction u/s 37 - revision u/s 263 - Held that:- Since, the assessee had incurred CSR expenses to comply with the directions of Govt. of India the expenditure incurred is incidental to the assessee’s business and ought to be allowed as deduction u/s 37 of the I.T.Act. It was specifically mentioned in the notes on clauses explaining the Finance Bill 2014, that the “Explanation 2” is applicable only from the assessment year 2015-2016. This also implies that CSR expenditure incurred by the assessee upto the assessment year 2014-2015 is an allowable business expenditure u/s 37 of the I.T.Act. A.O. had taken a possible view and the assessment order cannot be stated to be erroneous or prejudicial to the interest of the Revenue, warranting interference u/s 263 of the I.T.Act. Therefore, we set aside the impugned order of the CIT passed u/s 263 of the I.T.Act. - Decided in favour of assessee. Issues:1. Whether the deduction of Corporate Social Responsibility (CSR) expenses by the Assessing Officer without proper verification is erroneous and prejudicial to the interest of the Revenue.2. Whether the Explanation 2 to section 37(1) of the Income Tax Act applies to the assessment year 2012-2013.3. Whether CSR expenditure incurred by a Government of India Undertaking based on specific directions of the Government is allowable as a deduction under section 37 of the Income Tax Act.Analysis:Issue 1:The Commissioner of Income-tax issued a notice under section 263 of the Income Tax Act as the Assessing Officer allowed the deduction of CSR expenses without proper verification. The Commissioner contended that such expenses may not be deemed as incurred for business purposes. However, the assessee argued that the CSR expenses were incurred based on Government Guidelines and were wholly and exclusively for business purposes. The Tribunal found that the Assessing Officer's decision to allow the CSR expenditure was reasonable and not prejudicial to the Revenue's interest, thereby setting aside the Commissioner's order under section 263.Issue 2:The assessee argued that Explanation 2 to section 37(1) of the Income Tax Act, which disallows CSR expenses as business expenditure, is applicable only from the assessment year 2015-2016. The Tribunal referred to the Finance Act, 2014, which clarified that the amendment would be effective from April 1, 2015, onwards. Citing precedents and legislative intent, the Tribunal concluded that the Explanation did not apply to the relevant assessment year, thus allowing the CSR expenses as a deduction under section 37.Issue 3:The Tribunal considered the specific circumstances of the case where the Government of India had issued guidelines mandating CSR expenditure by Central Public Sector Enterprises. The Tribunal noted that the assessee, a Government of India Undertaking, had incurred CSR expenses in compliance with these guidelines. Relying on judicial precedents, including the Kerala High Court and ITAT Mumbai Bench decisions, the Tribunal held that the expenditure incurred by the assessee was incidental to its business and should be allowed as a deduction under section 37 of the Income Tax Act. The Tribunal emphasized that the assessee had no discretion but to comply with the Government orders, making the CSR expenses an allowable business expenditure.In conclusion, the Tribunal allowed the appeal filed by the assessee, emphasizing that the CSR expenses incurred by the Government Undertaking were in line with Government directives and, therefore, deductible under section 37 of the Income Tax Act.