2026 (2) TMI 684

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....einafter referred to as "the Act"], for the Assessment Year (AY) 2020-21. 2. The assessee has raised the following grounds of appeal: 1. That on the facts and circumstances of the case and in law, the order passed by the PCIT is bad in law and void ab initio, and therefore ought to be quashed. 2. That on the facts and circumstances of the case and in law, the PCIT erred in arbitrarily holding that the assessment order passed under section 143(3) of the Act is erroneous and prejudicial to the interest of the revenue, without demonstrating how the twin conditions are getting satisfied in case of the Appellant. 3. That on the facts and circumstances of the case and in law, the PCIT erred in assuming jurisdiction u....

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....9.2022, determining total income at Rs. 1,41,92,12,839/-. During assessment, the Assessing Officer made additions of Rs. 49,69,965/- u/s 14A and Rs. 8,75,268/- on account of provision for employee benefits u/s. 37 of the Act. Subsequently, the Ld. PCIT invoked revisionary jurisdiction under section 263 of the Act on two issues, viz.:- (i) Allowability of deduction claimed u/s 80G in respect of donations stated to be CSR expenditure; and (ii) Non-disallowance of interest u/s 201(1A)/206C(7) of the Act amounting to Rs. 1,70,234/-. 4. The Ld. PCIT held that the assessment order was erroneous and prejudicial to the interest of the Revenue and set aside the assessment order with directions to the AO to frame a fresh asses....

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.... furnished the same, on the basis of which the assessment order under section 143(3) of the Act was passed. The Ld. PCIT has not brought on record any specific error or demonstrated how the assessment order is erroneous and prejudicial to the interests of the Revenue. On merits:- 201(1A) - We find that the amount of Rs. 1,70,198/- was not claimed as an expense during the year under consideration, the question of disallowing the same in the impugned assessment year does not arise. The Revenue could not bring anything contra on record. Therefore, the assessment order cannot be regarded as erroneous or prejudicial to the interests of the Revenue especially when no claim has been made by the assessee. 80G - On perusal....

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....ifty per cent of the balance of such aggregate; and (ii) in any other case, an amount equal to fifty per cent of the aggregate of the sums specified in sub-section (2). (2) The sums referred to in sub-section (1) shall be the following, namely :- (a) any sums paid by the assessee in the previous year as donations to- ......... ......... (iiihk) the Swachh Bharat Kosh, set up by the Central Government, other than the sum spent by the assessee in pursuance of Corporate Social Responsibility under sub- section (5) of section 135 of the Companies Act, 2013 (18 of 2013); or (iiihl) the Clean Ganga Fund, set up by the Central Government, where such assessee is a resident and such sum ....