Garden Reach Ship Builders & Engineers Ltd. v. PCIT (2022) 193 ITD 649 (Kol.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Business expenditure-Corporate social responsibility expenses-Amendment brought by way of Explanation 2 to section 37(1) by Finance Act, 2014, with effect from 1-4-2015 is not retrospective in nature-Revision is held to be not valid. [S. 37(1)]

The Assessee expenditure incurred towards same as corporate social responsibility (CSR) expense. Assessing Officer allowed the said expenditure.  Principal Commissioner invoked revision jurisdiction on ground that CSR expenses claimed by assessee was not incurred wholly and exclusively for its business purposes as per provisions under section 37(1) of the Act. On appeal the Tribunal held that amendment brought by way of Explanation 2 to section 37(1) by Finance Act, 2014, with effect from 1-4-2015 providing for disallowance of CSR expenditure was not retrospective in nature. Therefore expenditure incurred by assessee towards CSR was allowable as deduction for both relevant assessment years 2013-14 and 2014-15. Revision is held to be not valid. (AY. 2013-14, 2014-15)