Case Law when CSR Expenses is Allowed as Deduction

Assessee's claim for deduction towards amount spent on corporate social responsibility such as payment made towards flood relief work, construction of musical fountain etc. was to be allowed as deduction

[2015] 56 taxmann.com 396 (Hyderabad - Trib.)

IN THE ITAT HYDERABAD BENCH 'B'

NMDC Ltd.

v.

Joint Commissioner of Income-tax, Range-16, Hyderabad

Section 37(1) of the Income-tax Act, 1961 - Business expenditure - Allowability of (Corporate social responsibility) - Assessment year 2008-09 - Whether in view of order passed in assessee's own case relating to earlier assessment year, assessee's claim for deduction towards amount spent on corporate social responsibility such as payment made towards flood relief work, construction of musical fountain etc. was to be allowed as deduction - Held, yes [Para 36] [In favour of assessee]

Cases Relied upon are

1.		Orissa Power Generation Co. Ltd. [IT Appeal No. 271 (CTK) 2010]. ITAT, Cuttack Bench.
2.		Rio Tino India (P.) Ltd. [IT Appeal No. 363 (Delhi) 2012, dt. 22-06-12].
3.		CIT v. Madras Refineries Ltd. [2004] 266 ITR 170/138 Taxman 261 (Mad.)
4.		Mahindra & Mahindra Ltd. v. CIT [2003] 261 ITR 501/128 Taxman 394 (Bom.)
5.		CIT v. Rupsa Rice Mills [1976] 104 ITR 249 (Ori.)