Dismissing the appeals of the Revenue the Court held that circulars issued by the Central Board of Direct Taxes were binding on the Department. Therefore, the Tribunal had not erred in allowing the deduction claimed by the assessees under section 37 of the expenses incurred for their corporate social responsibility. Explanation 2 was inserted in section 37 of the Income-tax Act, 1961 by the Finance (No. 2) Act, 2014 with effect from April 1, 2015. The Memorandum which was published along with the Finance (No. 2) Bill, 2014 clearly indicated that the amendment would take effect from April 1, 2015 and, accordingly, would apply in relation to the assessment year 2015-16 and subsequent years. This position is also exemplified in the circular dated January 21, 2015 ([2015] 371 ITR (St.) 22) issued by the Central Board of Direct Taxes. (AY.2013-14, 2014-15)
PCIT v. PEC Ltd. (2023) 451 ITR 436 / 221 DTR 481 / 330 CTR 593/ 291 Taxman 281 (Delhi)(HC) PCIT v. Rites Ltd. (2023) 451 ITR 436 / 221 DTR 481/ 330 CTR 593 (Delhi)(HC)/Editorial: SLP of Revenue dismissed, leaving question of lae open , PCIT v. Rites Ltd. (2024)460 ITR 593/297 Taxman 5 (SC)
S. 37(1) : Business expenditure-Corporate social responsibility expenditure-Expenditure for earlier years allowable as a deduction-CBDT Circular binding on the department.