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TMI Blog2017 (3) TMI 1233X X X X Extracts X X X X X X X X Extracts X X X X ..... . Submissions by the assessee placed in the paper book clearly demonstrate that assessee has given due details of explanation. Hence there is no question of learned CIT assuming jurisdiction u/s 263 and holding that the concerned expenditure were allowed without examination by the AO. Lack of appreciation of mind by the concerned authority exercising revisionary power is evident here. Secondly we find that the issue of community development and tribal welfare expenditure has already been decided by the ITAT in favour of the assessee in several decisions of earlier years. Further more we also note that on the issue of diversion of high tension lines the AO has disallowed some expenditure u/s 154 by an order which is dated prior to the da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 2. In this case the learned CIT has passed the following order u/s 263 of the I.T. Act : Assessment in the above case for A.Y. 2010-2011 was completed u] s 143(3) on 22/02/2013 determining total income at Rs.l,54,854.74 lacs. Perusal of records reveal that assessee debited an amount of ₹ 1576.18 lacs to the P L Account (Schedule-ll) on account of expenditure on corporate social responsibility. While completing the assessment u/s 143(3) the Aa has disallowed only an amount of Rs.I092.48 lacs out of above stated claim. Thus balance amount of ₹ 706.7 lacs incurred on educational institutions and ₹ 385.73 lacs on community development and tribal welfare is not examined by the AO from .the point of view' of disal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Hon'ble ITAT. With regard to the expenditure on assets not belonging to the company, it is submitted that expenditure is incurred for shifting high tension lines so that work of digging of coal could be started. It is claimed that these expenses are allowable u] s 37( 1) of I.T.Act, 1961. 04. I have gone through the submissions and find that the AO has neither asked any question related to allowability of expenses on corporate social responsibility nor on assets not belonging to the company. AO has not also discussed anything in the assessment order. No reply is found placed in the record which shows that he allowed the claim without verification and examination of the issues. Moreover the issue of allowability of expenses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... khs. Thus learned counsel submitted that the order of learned CIT itself shows that the issue was duly examined by the AO. Further more learned counsel referred to the questionnaire issued by the AO and the assessee s reply during the course of assessment submitted in the paper book whereby this issue was duly examined. Further learned counsel submitted that the issue of community development and tribal welfare expenditure is already covered in favour of the assessee by the decisions of ITAT in assessee s own cases in earlier years. He further submitted that the Revenue has not appealed against these orders of the ITAT before the Hon ble High Court. As regards the issue of expenditure of ₹ 4508 lakhs on account of diversion of high te ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duly replied. In the notice u/s 142(1) dated 04-10-2012 details of both the items has been sought by the AO in point No. 13 and 20 respectively. Submissions by the assessee placed in the paper book clearly demonstrate that assessee has given due details of explanation. Hence there is no question of learned CIT assuming jurisdiction u/s 263 and holding that the concerned expenditure were allowed without examination by the AO. Lack of appreciation of mind by the concerned authority exercising revisionary power is evident here. Secondly we find that the issue of community development and tribal welfare expenditure has already been decided by the ITAT in favour of the assessee in several decisions of earlier years. Further more we also note th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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