TaxTMI 
TaxTMI 
2024 (5) TMI 1542
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.... Heard both the parties. Case file perused. 2. The Revenue pleads the following substantive grounds in the instant appeal : 1) "On the facts and the circumstances of the case and in law, the Ld. CIT (A) erred in allowing assessee's ground challenging the disallowance of deduction of Rs. 4,55,13,521/- u/s 80G of the Income-tax Act, 1961 made by the Assessing Officer. 2) On the facts end the circumstances of the case and in law, the Ld. CIT (A) erred by setting aside the matter back to the AO for verification." 3. Both the learned representatives next invited our attention to the CIT(A)'s impugned detailed discussion allowing the assessee's sec. 80G deduction claim as under : "5. Decision ....
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....CGF') as per sub-clause (iiihk) and (iiihl) of section 80G(2)(a) of the Act, thereby implying that CSR contribution to other eligible institution qualifies for deduction under section 80G of the Act. The Appellant has made CSR contribution to funds other than SBK and CGF, thus, claim under section 80G of the Act shall be allowed. * The said claim, as discussed above, is supported by the Explanatory Memorandum to Finance Bill 2014 with restriction placed only in relation to specified funds under section 80G, clarification issued by MCA and multiple favourable decisions. I have considered the submissions made by the Appellant. I find that the issue is covered in favour of the Appellant by various decisions of Hon'ble Tribuna....
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....e provisions are different. 15. Further, intention of legislature is very clear and unambiguous, since expenditure incurred under section 30 to 36 are excluded from Explanation 2 to section 37(1) of the Act, they are specifically excluded in clarification issued. There is no restriction on an expenditure being claimed under above sections to be exempt, as long as it satisfies necessary conditions under section 30 to 36 of the Act, for computing income under the head, "Income from Business and Profession". 16. For claiming benefit under section 80G, deductions are considered at the stage of computing "Total taxable income". Even if any payments under section 80G forms part of CSR payments ( keeping in mind ineligible deduct....
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.... per section 80G(1) of the Act. 20. Under such circumstances, we are remitting the issue back to Ld.AO for verifying conditions necessary to claim deduction under section 80G of the Act. Assessee is directed to file all requisite details in order to substantiate its claim before Ld.AO. Ld.AO is then directed to grant deduction to the extent of eligibility. Accordingly grounds raised by assessee stands allowed for statistical purposes. In the result appeal filed by assessee stands allowed." In view of the above facts and respectfully following the decision of Hon'ble ITAT Bangalore in the case of Allegi Services (India) Pvt Ltd (supra), I am of the considered view that the appellant is entitled to claim deduction u....