2017 (7) TMI 369

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n re-filing) 1. For the reasons stated therein, this application is allowed. The delay in refiling the appeal is condoned. ITA 362/2017 2. This is an appeal by the Revenue against an order dated 29th July, 2016 passed in ITA No. 1784/Del./2012 for the Assessment Year ('AY') 2007-08. 3. The question of law sought to be raised by the Revenue is whether the ITAT's decision in quashing the order d....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Rs. 11,72,80,000; (ii) Corporate Social Responsibility (CSR) expenses of Rs. 8,53,14,703; and (iii) Applicable rate of depreciation on computer software amounting to Rs. 11,33,77,787/- 6. The Revenue has come before this Court only on the deletion of the additions under (i) and (ii) above. 7. As far as the issue at (i) above is concerned, expenditure on advertisement and publicity is essentia....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... attention of the Court to Explanation 2 below the Section 37 of the Act which was inserted with effect from 1st April 2015 and reads as under: "Explanation 2.-For the removal of doubts, it is hereby declared that for the purposes of sub-section (1), any expenditure incurred by an Assessee on the activities relating to corporate social responsibility referred to in section 135 of the Companies Ac....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....hat the claim of CSR expenses as a deduction is not allowable per se. It only places the initial onus on the Assessee to show that the CSR expenses were for business purposes.   12. As far as the present case is concerned, when a questionnaire was issued by the AO raising a specific query as regards the CSR expenses that was answered by the Assessee. The AO could have made further enquiries ....