M. P. State Mining Corporation Ltd. v. ACIT (2019) 57 CCH 502 / 76 ITR 42 (SN) (Indore)(Trib.)

S. 37(1) : Business expenditure-CSR expenditure-Disallowance in lieu of Explanation 2 to Section 37(1)-No retrospective effect of Explanation 2-CSR Expenditure allowed.

Assessee is a Government Company and during the year had claimed CSR Expenses which were incurred at the behest of the State Government for the welfare of public at large. AO made disallowance for the CSR expenses on the ground that the said expense has not been expended wholly and exclusively for the business of the assessee. CIT(A) after considering the submissions rejected the appeal of the assessee and confirmed the order of the AO. Aggrieved by the same, the assessee preferred an appeal before the Tribunal. The Tribunal relied on various coordinate bench decisions rendered in case of National Seeds Corporation Ltd. (ITA No. 6794/Del/2014) and Kerala State Industrial Development Corporation (ITA No. 142/Cochin/2014) held that expenditure incurred under CSR Scheme is allowable expenditure and explanation so inserted in section 37 of the Act shall be operative w.e.f. 1.4.2015 which will not be applicable retrospectively and thus will not be applicable to the year under consideration i.e. AY 2013-14 deleted the addition. (AY. 2013-14)