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CSR expenses claimed u/s 37(1) were disallowed as the assessee-company failed to prove how expenses like building classrooms, toilets, installing LED lights or planting trees were incidental to its business of rendering engineering/architectural consultancy services. The Tribunal relied on a judgment without considering the applicability of Section 135 of the Companies Act, 2013, dealing with Corporate Social Responsibility (CSR), based on the relevant financial year ending March 31, 2013. The High Court held that the Tribunal's order was incorrect and remitted the matter for a fresh decision after providing an opportunity of hearing to the parties, considering the applicability of Section 135 for the relevant financial year.
CSR expenses claimed u/s 37(1) were disallowed as the assessee-company failed to prove how expenses like building classrooms, toilets, installing LED lights or planting trees were incidental to its business of rendering engineering/architectural consultancy services. The Tribunal relied on a judgment without considering the applicability of Section 135 of the Companies Act, 2013, dealing with Corporate Social Responsibility (CSR), based on the relevant financial year ending March 31, 2013. The High Court held that the Tribunal's order was incorrect and remitted the matter for a fresh decision after providing an opportunity of hearing to the parties, considering the applicability of Section 135 for the relevant financial year.
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