2024 (4) TMI 750

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....come Tax Appellate Tribunal "C" Bench, Kolkata (the Tribunal) in ITAT No. 1099/Kol/2018 for the assessment year 2013-14. The revenue has raised the following substantial questions of law for consideration :- i) Whether the Learned Tribunal has substantially erred in law in setting aside the order passed under Section 263 of the Income Tax Act, 1961 without appreciating the facts of the case and considering that the assessment order is erroneous in so far as it is prejudicial to the interest of the revenue as the assessment order was passed without making any enquiry in respect of Corporate Social Responsibility expenditure to the tune of Rs. 3,00,54,276/_ during the assessment year under consideration ? ii) Whether the Lea....

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....ll make the endeavor to convince the Court that there exists a substantial question of law for consideration and in such circumstances the Court will be inclined to condone the delay. We have heard the learned Counsel for respondent/assessee on the above submission. 4. The question which falls for consideration before learned Tribunal was whether the expenses incurred by the assessee, which as it was claimed was CSR expenses was admissible as the deduction under Section 37(1) of the Act. 5. The Tribunal on going through the records has found that the assessing officer has considered the issues called for explanation from the assessee and thereafter accepted the various stands taken by the assessee. PCIT issued show cause notice callin....

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....l has taken note of the decision in the case of Hindustan Copper Limited Vs. CIT, LTU-1 dated 29.01.2020, the facts of the said case is also on the similar line as in the said case the assessee was a public sector undertaking and certain directives issued by the Government of India was followed by the assessee. There are two notifications issued by the Government of India, the first of which is by Office Memorandum dated 21.06.2011, wherein the expenses incurred by public sector undertakings in the form of fee charged for participation in CSR Training Programme/Workshops or for sponsorship of Workshops/programmes organized by Tata Institute of Social Sciences etc. will be allowed to be included under the CSR Budgets of Central Public Sector....