TaxTMI 
TaxTMI 
2024 (7) TMI 636
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....wing grounds of appeal: 1. On the facts and in the circumstances of the case and in law the learned CIT(A) erred in treating the first ground of appeal as general in nature, this ground was against the action of the Assessing Officer making addition to the income assessed u/s. 143(1) against additions to the returned income proposed in the Final Show cause notice dated 19.02.2022. 2. On the facts and in the circumstances of the case and in law the learned CIT(A) erred in upholding the action of the Assessing Officer, in denying the deduction of Rs. 15,00,000/- claimed by the appellant company u/s. 80G of the Income Tax Act. 3. The brief facts of the case are that the assessee company is engaged in the manufacturing, processing, trading....
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.... Rs. 10,00,000/- AACTA 1516D 6. In an appeal before the first appellate authority, the impugned addition was upheld by the ld. CIT(A). The assessee has challenged the ld. CIT(A)'s order on the ground that the ld. CIT(A) has not adjudicated the addition to the income assessed u/s. 143(1) of the Act inspite of a specific ground raised by the assessee and has also challenged the disallowance made u/s. 80G of the Act before us. 7. Ground no. 1 pertains to the disallowance u/s. 143(1) of the Act where the assessee has raised the contention that the ld. CIT(A) has not adjudicated the said ground. It is observed that against section 143(1) intimation the assessee has filed the rectification application u/s. 154 of the Act before the ld. A.O. w....
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.... Vizianaram [1967] SCR (1)1017C which has held that donation has to be voluntary for it to satisfy the test of voluntariness. The ld. CIT(A) upheld the order of the ld. A.O. holding that the reasoning given by the ld. A.O. was justifiable. 9. The learned Authorised Representative (ld. AR for short) for the assessee contended that the issue of deduction of CSR expenses u/s. 80G of the Act is squarely covered by various decisions of the co-ordinate bench in favour of the assessee. The ld. AR further iterated that there has been express bar in claiming the said expenses u/s. 37(1) of the Act and also on sub clause (iiihk) and (iiihl) of section 80G(2)(a) of the Act pertaining to Swatch Bharat Kosh and Clean Ganga Fund where donation made purs....
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.... its average net profit for the immediately preceding three financial years on CSR activities. In the present case, the assessee has contributed Rs. 30 lacs to various educational and charitable trust for which the assessee has claimed 50% of the total donation paid as deduction u/s. 80G of the Act. Prior to the Finance (No.2) Act, 2014, the said expenditure was claimed as 'business expenditure' u/s. 37(1) of the Act where after the insertion of Explanation 2 to section 37(1) of the Act, the CSR expenses referred to in section 135 of the Companies Act, 2013 shall not be deemed to be an expenditure incurred by the assessee for the purpose of business or profession. It is observed that the said expenses pertaining to CSR has been claimed as d....