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Deduction claimed u/s 80G for donations qualifying as CSR expenditure was expressly disallowed u/s 37(1). The court held that even though there is no explanation for disallowing deductions for contributions to Swachh Bharat Kosh and Clean Ganga Fund u/s 80G, there is no such restriction for other contributions mentioned in Schedule VII of the Companies Act and Section 80G. The CBDT clarified that CSR expenditure admissible u/ss 30 to 36 shall be allowed despite being for CSR obligations. The contention that "donations" u/s 80G(2)(a) excludes mandatory CSR expenditure was rejected, as there is no compulsion to donate to institutions approved u/s 80G for CSR expenditure. Taxing statutes must be interpreted strictly, and deductions u/s 80G cannot be denied by importing restrictions from other sections, except where specifically barred. Therefore, the assessee is not barred from claiming deduction u/s 80G for donations to approved institutions, even if made for discharging CSR obligations u/s 135 of the Companies Act.
Deduction claimed u/s 80G for donations qualifying as CSR expenditure was expressly disallowed u/s 37(1). The court held that even though there is no explanation for disallowing deductions for contributions to Swachh Bharat Kosh and Clean Ganga Fund u/s 80G, there is no such restriction for other contributions mentioned in Schedule VII of the Companies Act and Section 80G. The CBDT clarified that CSR expenditure admissible u/ss 30 to 36 shall be allowed despite being for CSR obligations. The contention that "donations" u/s 80G(2)(a) excludes mandatory CSR expenditure was rejected, as there is no compulsion to donate to institutions approved u/s 80G for CSR expenditure. Taxing statutes must be interpreted strictly, and deductions u/s 80G cannot be denied by importing restrictions from other sections, except where specifically barred. Therefore, the assessee is not barred from claiming deduction u/s 80G for donations to approved institutions, even if made for discharging CSR obligations u/s 135 of the Companies Act.
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