TaxTMI 
TaxTMI 
2026 (7) TMI 1309
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....without appreciating the fact that the same is beyond the limitation period prescribed under section 153(1) r.w.s. 153(4) of the Act; 2. Failed to appreciate that the due date for completion of the assessment proceedings for AY 2020-21 as per section 153(1) r.w.s. 153(4) of the Act is 30 September 2023 and thereby the assessment order passed is barred by limitation, hence it is bad in law and liable to be quashed. Without prejudice to the above Grounds, Grounds of appeal in respect of the additions made by the learned AO are as under: Allowability of deduction under section 80G in respect of contributions towards Corporate Social Responsibility ('CSR'): Rs. 25,07,50,000 3. Erred in confirming disallowance of deduction claimed u/s. 80G of Rs. 25,07,50,000 in respect of donation amounting to Rs. 50,15,00,000 given to entities registered u/s. 80G to meet Corporate Social Responsibility. Additional claim of foreign tax credit not granted: Rs. 54,63,221 4. Erred in disallowing the additional claim of foreign tax credit of Rs. 54,63,221 on the ground that the Appellant did not file the Form 67 before the due date of filing the....
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....herefore cannot be allowed as deduction while computing income under the head "Profits and gains of business or profession." The said Explanation does not impose any restriction on deductions allowable under other provisions of the Act. Section 80G, on the other hand, falls under Chapter VI-A and provides for deduction in respect of sums paid as donations to specified funds and institutions while computing total income. Therefore, the two provisions operate in distinct fields. 108. In the present case, the assessee has admittedly disallowed the entire CSR expenditure while computing business income, and the claim under section 80G has been made only while computing total income under Chapter VI-A. In such circumstances, denial of deduction under section 80G would effectively result in double disallowance, which does not appear to be the legislative intent. 109. A careful reading of section 80G further shows that the legislature has expressly excluded only certain CSR contributions from the ambit of deduction. Specifically, section 80G(2)(a)(iiihk) and 80G(2)(a)(iiihl) provide that contributions made to Swachh Bharat Kosh and Clean Ganga Fund shall not qualify for ....
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.... in M/s. Naik Seafoods Pvt. Ltd. v. Pr. CIT (ITA No. 490/Mum/2021) also supports the principle that deductions under Chapter VI-A must be considered independently of the computation of income under other heads, subject to fulfilment of statutory conditions. 114. In the present case, the learned AR has also invited our attention to Paper Book pages 137 to 139, wherein the donation receipts issued by Reliance Foundation have been placed on record. These documents establish that the payment was actually made to an institution duly registered under section 80G. Importantly, the genuineness of the donation and the eligibility of the donee institution under section 80G have not been disputed by the Assessing Officer. 115. In view of the above factual and legal position, we are of the considered opinion that the deduction claimed by the assessee under section 80G cannot be denied merely on the ground that the payment also formed part of CSR expenditure under the Companies Act. 116. Accordingly, we hold that the disallowance of Rs. 10,53,00,000/- made by the Assessing Officer and confirmed by the learned CIT(A) is not sustainable in law. The addition is ....
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.... 12.1. Claim of the assessee is that merely on account of procedural reasons of delay in filing of Form 67, the legitimate claim cannot be denied. It is an undisputed fact that Form 67 is on record. We find that this issue is no longer res integra as held in favour of the assessee by the Hon'ble High Court of Madras in the case of Duraiswamy Kumaraswamy v. PCIT [2024] 460 ITR 615 (Mad) where in it held that where assessee claimed foreign tax credit (FTC) and filed Form-67 after due date specified for furnishing return under section 139(1) but before completion of assessment proceedings, rejection of assessee's FTC claim was not proper. Respectfully following the aforesaid jurisprudence, in the given set of facts, we remit the matter back to the file of ld. Jurisdictional Assessing Office (JAO) for the limited purpose of verification of the records to allow the claim of the assessee. Accordingly, grounds raised by the assessee in its cross objection are allowed for statistical purposes. 9. Accordingly, considering the totality of the facts and circumstances discussed above, and respectfully following the decision of the Coordinate Bench of the ITAT in the assesse....
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.....) and Expert Global Solutions (P.) Ltd. v. DCIT [2026] 185 taxmann.com 524 (Pune - Trib.), wherein it was held that the requirement of filing Form No. 10DA before filing the return of income is directory in nature and, therefore, delayed filing of the said form would not disentitle the assessee from claiming deduction under section 80JJAA of the Act. 15. No new facts, circumstances, or material have been brought on record by the Ld. DR to controvert or rebut the findings recorded by the Ld. CIT(A). Therefore, we see no reason to interfere with or deviate from the findings so recorded by the Ld. CIT(A). 16. Accordingly, considering the totality of the facts and circumstances discussed above, and respectfully following the decisions of the Coordinate Benches of the Tribunal, as well as keeping in view the doctrine of binding precedents and the need to maintain judicial consistency, we dismiss this ground raised by the Revenue. 17. Ground No. 2 raised by the Revenue relates to the challenge against the order of the Ld. CIT(A) in treating the expenditure incurred by the assessee as revenue expenditure, whereas the Revenue contends that the expenditure was capital in nature, h....