2025 (8) TMI 579

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.... effective ground of appeal in this appeal of assessee is against the order of Ld. PCIT holding the assessment order passed by the A.O erroneous and prejudicial to the interest of revenue and remitting back the issue of deduction allowed u/s 80G to the file of A.O with certain directions. 3. The assessee-company has filed its return of income declaring total income of Rs. 243,08,12,340/- on 30.11.2017, which was further revised to Rs. 228,11,16,190/- on 29.03.2019. The A.O passed assessment order u/s. 143(3) r.w.s 144C(3) of the Act assessing total income of Rs. 256,95,33,700/- by making TP addition of Rs. 28,84,17,52/-. The Ld. PCIT called for the assessment record and found that the assessee has claimed 50% deduction u/s. 80G of the Ac....

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....w of the explanation, but there is no bar in claiming the deduction under any other section such as u/s. 80G of the Act, if the deduction is otherwise allowable under that section. The Ld. AR has relied on the decision of ITAT Mumbai in the case of Glenmark Pharmaceuticals Ltd. vs. PCIT in ITA No.2503/Mum/2024 dated 28.08.2024 (Mumbai-Trib.), Delhi tribunal in the case of Teradata India Pvt Ltd in ITA No 1248&2337 Del/2022 Dated 13.10.2023 and Hyderabad Tribunal in the case of Power Mech Projects Ltd vs. DCIT 156 Taxmann.com 575(Hyd.-Tri) . 5. The Ld. Departmental Representative (DR), on the other hand, has relied on the order Ld PCIT and submitted that the assessment order is erroneous so far as prejudicial to interest of revenue in vie....

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.... above direction and therefore uphold the same. As regard to direction of Ld. PCIT not allowing the claim of deduction u/s. 80G of the Act relating to CSR expenditure of Rs. 9,19,50,000/-, we do not agree with the direction of Ld PCIT. The issue of deduction u/s. 80G in respect of CSR expenditure has come up before ITAT, Mumbai Bench in the case of Glenmark Pharmaceuticals Ltd. vs. PCIT, Delhi Bench in the case of Teradata India Pvt. Ltd. in ITA No. 1248 & 2337/Del/2022 dated 13.10.2023 and Hyderabad Bench in the case of Power Mech Projects Ltd vs DCIT 156 Taxmann.com 575 (Hyd-Tri) and it has been consistently held that 80G deduction on such donation cannot be denied. We therefore, direct AO to verify the receipts and eligibility of the Don....