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2023 (8) TMI 636 - AT - Income TaxMAT computation - disallowance of CSR expenses made by the AO for calculating book profit to arrive at MAT u/s 115JB - HELD THAT - Since the department has not raised any argument with respect to preparation of account of the company or doubted on audited accounts of the assessee that the same are not in accordance with the provisions of the Companies Act. Respectfully following the ratio of law laid down in the case of Apollo Tyres 2002 (5) TMI 5 - SUPREME COURT which was further followed in the case of GE Powers Systems India Pvt. Ltd 2022 (9) TMI 815 - ITAT DELHI we are of the considered opinion that the adjustment made by the AO by invoking provisions of sec. 154 making addition of CSR expenses to the book profit of the company while determining the book profit u/s. 115JB was bad in law which was rightly deliberated and comprehended by the CIT(A). Therefore, the order of the Ld.CIT(A) cannot be held as erroneous, thus, the same deserves to be sustained, and we do so. In the result, appeal filed by the Revenue stands dismissed.
Issues Involved:
1. Deletion of disallowance of CSR expenses for calculating book profit under MAT provisions. 2. Nexus between the conclusion of facts and primary facts. 3. Reasonableness of the conclusion drawn by CIT(A). 4. General errors in the CIT(A) order. Summary of the Judgment: Issue 1: Deletion of Disallowance of CSR Expenses The primary issue was whether the CSR expenses of Rs. 5,39,76,720/- should be added back to the book profit for calculating MAT under Section 115JB. The AO had added this amount, arguing that CSR expenses are not wholly and exclusively for business purposes as per Explanation 2 to Section 37(1). The CIT(A) deleted this disallowance, referencing the ITAT Raipur decision in the assessee's own case for AY 2008-09, which was upheld by the High Court of Chhattisgarh. The Tribunal noted that the Explanation 2 to Section 37(1) applies from 1st April 2015 and does not affect the AY under consideration (2010-11). It was also observed that CSR expenses are not specifically listed in Section 115JB for adjustments to book profit. Issue 2: Nexus Between Conclusion and Primary Facts The Revenue argued that there was no nexus between the conclusion of the CIT(A) and the primary facts. However, the Tribunal found that the CIT(A) had correctly applied the law and judicial precedents, including the decision of the Hon'ble Apex Court in Apollo Tyres Ltd., which restricts the AO's power to alter the book profit certified under the Companies Act. Issue 3: Reasonableness of Conclusion The Revenue contended that the CIT(A)'s conclusion was unreasonable. The Tribunal, however, upheld the CIT(A)'s decision, stating that the CSR expenses were not incurred under statutory obligation and thus, should not be disallowed under the provisions applicable for the relevant AY. Issue 4: General Errors in CIT(A) Order The Tribunal found no errors in the order of the CIT(A). It was observed that the CIT(A) had rightly followed the judicial precedents and the statutory provisions in deleting the disallowance of CSR expenses. Conclusion: The appeals filed by the Revenue were dismissed, and the order of the CIT(A) was upheld. The Tribunal concluded that the addition of CSR expenses to book profit for calculating MAT was not justified under the law applicable for the AYs in question. The Cross-Objections filed by the assessee were rendered academic and were disposed of without adjudication.
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