9911796707
TMI Blog2022 (12) TMI 640X X X X Extracts X X X X X X X X Extracts X X X X ..... ssumption of date of filing of return - HELD THAT:- On carefully consideration of submissions of the assessee undisputedly assessee company is a joint venture company owned equally 50% each by Steel Authority of India Ltd (SAIL) and Damodar Valley Corporation Ltd (DVC) which are Central Public Sector undertakings. Therefore due date for filing of return as per Explanation 2 to section 139(1) of the Act for A.Y. 2015-16 was 30.09.2015. This fact has been controverted by the Ld. Senior D.R. that the company has electronically uploaded its return of income and from 3CEB on 30.09.2015, as also has been mentioned in assessment order para 1. Therefore interest u/s. 234A of the Act is not liable of the assessee hence ground no 2 is allowed. - I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s applicable from A.Y. 2015-16 and onwards and not prior to the amendment, therefore the identical ground of the assessee for A.Y. 2013-14 has been decided in favour of the assessee. Replying to the above the Ld. Senior Departmental Representative although strongly supported the orders of the authorities below. However, in all fairness, he did not controvert that the identical has been decided in favour of the assessee. In assessee s own appeal for A.Y. 2013-14 by the coordinate bench of the Tribunal by the order dated 25.02.2020. 4. We find it appropriate and necessary to reproduced the relevant part of the Tribunal for A.Y. 2013-14 which read as follows:- 5. Ld. CIT(A) in so far as disallowance of CSR expenses is concern held that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd they have specifically prohibited in view of Explanation-2 to Section 37(1). 9. After considering the rival submissions and on perusal of the relevant findings given in the impugned orders and material placed on record, we find that assessee is a public sector undertaking and being a PSU, Government of India has directed that certain specified percentage of annual profit should be spent for achieving the national objectives / goals as their social responsibilities. The Bureau of Public Enterprises, Government of India, which is authorized to direct the PSUs had issued direction to spent specified percentage of the profit for CSR. Assessee, being a PSU, has to follow instruction and carry out such responsibilities. Incurring of such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onfirming disallowance of CSR expenses of Rs. 84.92 lakhs- in utter disregard to the appellate decisions holding that Explanation 2 to section 37(1) of the Act is not applicable to years till A.Y. 2015-16. 2. The leaned CIT(A) has erred in upholding the interest charged u/s. 234A, without appreciating to submit audit report in Form 3CEB and thus the due date u/s. 139(1) is 30th November. Ground nos. 3 4 are general in nature. 7. The learned counsel for the assessee regarding ground no. 1.1 and 1.2 submitted that the Explanation 2 to section 37(1) of the Act is applicable for A.Y. 2015-16, therefore assessee does not pressed ground no. 1.1 and 1.2 and hence the same are dismissed as not pressed. Ground No. 2 8. In ..... X X X X Extracts X X X X X X X X Extracts X X X X
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