2021 (2) TMI 571 - AT - Income Tax

Disallowance expenditure debited under the head Can-viroment Expenses A/c as Corporate Social responsibilities expenditure - As per AO Expenditure being not incurred directly related to earning of the income, it was not incurred wholly and exclusively for the purpose of the business, and accordingly disallowed the same - HELD THAT - The Explanation -2 has been inserted below the section 37 (1) of the Act with effect from 01/04/2015 i.e. assessment year 2015-16. According to the said Explanation, corporate social responsibility expenditure incurred shall not be deemed to be incurred wholly and exclusively for the purpose of business or profession. This amendment being effective from assessment year 2015-16, is not applicable in the instant assessment year. Thus, respectfully following the order of the Tribunal in 2019 (8) TMI 1642 - ITAT DELHI we delete the addition in dispute in the year under consideration. The grounds of the appeal accordingly allowed.

Summary

Issues:
Disallowance of business expenditure under the head "Can-viroment Expenses A/c" as "Corporate Social responsibilities" expenditure.

Analysis:
1. The appellant, engaged in manufacturing and trading, filed a return of income for the year, selected for scrutiny assessment. The Assessing Officer completed the assessment after making certain additions/disallowances.
2. The appellant appealed before the CIT(A), who partly allowed the appeal but sustained the disallowance of ?4,82,677 under "Can-viroment Expenses A/c." This disallowance was the subject of the current appeal before the Tribunal.
3. The dispute revolved around whether the expenses incurred under "Can-viroment week expenses" were for the business purpose. The appellant argued the expenses were related to promoting sustainability and environmentally friendly practices in metal packaging, benefiting the business.
4. The Assessing Officer and CIT(A) held the expenses were not incurred wholly and exclusively for business purposes, upholding the disallowance. The Assessing Officer relied on the CIT(A)'s order for the previous assessment year.
5. The Tribunal referred to a previous case where a similar expense was allowed under Section 37(1) of the Income Tax Act, stating such expenses can be considered wholly and exclusively for business purposes. The Tribunal noted the expenses were related to promoting sustainability in the canmaking industry.
6. The Tribunal highlighted that the amendment excluding corporate social responsibility expenditure from being deemed wholly and exclusively for business purposes was not applicable in the current assessment year. Therefore, following precedent, the Tribunal allowed the appeal and deleted the disallowance.

This judgment clarifies the treatment of expenses related to promoting sustainability and environmentally friendly practices in business operations under the Income Tax Act, emphasizing the business purpose and impact of such expenses on the industry.