The ITAT allowed the assessee's appeal against revision under ...

PCIT's Revision Under Section 263 Rejected: CSR Donations Under Section 80G Remain Debatable Issue

April 1, 2025

Case Laws Income Tax AT

The ITAT allowed the assessee's appeal against revision under section 263, holding that the PCIT exceeded jurisdictional authority. The Tribunal found that the deduction under section 80G for CSR expenditure claimed as donation was a debatable issue not warranting revisionary intervention. The PCIT failed to conduct proper inquiry or provide cogent reasons establishing that the assessment order was erroneous and prejudicial to revenue interests. Instead, the PCIT improperly set aside the order with directions for revision. The ITAT emphasized that Explanation 2 to section 263 does not confer unlimited power to revise orders where the AO has already properly examined issues and taken a plausible view. The impugned order was declared void ab initio.

View Source

← Previous Next →

The ITAT allowed the assessee's appeal against revision under ...

PCIT's Revision Under Section 263 Rejected: CSR Donations Under Section 80G Remain Debatable Issue

April 1, 2025

Case Laws Income Tax AT

You may also like:

Change of jurisdiction u/s 127 - As in the present case, the Assessing Officer rejected the objection regarding the jurisdiction and referred the matter to the PCIT to...

Revision u/s 263 - debatable issue - taxability of interest received by the Assessee on the enhanced compensation u/s 28 of the Land Acquisition Act - The Appellate...

The Appellate Tribunal considered a case involving a revision u/s 263 regarding the validity of a Limited scrutiny Assessment. The PCIT observed that the AO did not...

Rectification u/s 154 - additional depreciation @20% claimed as per provision of Sec. 32(1)(iia) - it is on record of the AO that the issue is debatable and the issue...

PCIT's view that section 36 allows deduction only for bad and doubtful debts, not for provision on standard assets, was challenged. AR presented case laws allowing...

Revision u/s 263 - PCIT observed that AO had failed to examine and verify the issues related to share premium received and interest earned, which issues had remained...

Relevance of the valuation report received after assessment, the application of mind by the PCIT in invoking Section 263 revision jurisdiction, the treatment of...

Deduction claimed u/s 80G for donations qualifying as CSR expenditure was expressly disallowed u/s 37(1). The court held that even though there is no explanation for...

Rectification u/s 154 - the two Hon’ble High Courts have expressed the different views regarding the question whether late fee under section 234E can be levied for the...

Levy interest u/s 234E - interest levied prior to amendment w.e.f. 1.6.2015 - diversified views - CIT(A) himself says, that the issue is debatable then the same takes...

Rectification u/s 154 by CIT(A) - date of applicability of provision of Section 56(2)(viib) - we are not interpreting the provision as such as to the date of...

Deletion of penalty u/s 271(1)(c) - Issues on basis of which ALP shown by the assessee has been rejected are debatable - No penalty - AT

Revision u/s 263 by CIT - A reading of the same clearly shows that after having made a contradictory observation on issue of lack of enquiry of cash deposit aspect for...

ITAT upheld revision proceedings u/s 263 regarding undisclosed property transactions discovered during recovery proceedings. The assessee had failed to report capital...

Section 154 rectification order reversing previous order on allowance of depreciation on non-compete fee cannot be invoked when the issue is debatable. Primary issue...

Quick Updates: