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Where the view taken by the AO that the assessee was eligible for deduction under section 80G for CSR expenses was approved by various decisions of Tribunal, PCIT could not invoke revisional jurisdiction under section 263 on the ground that the order of AO was erroneous.

By Jagdish T Punjabi, Chartered Accountant
Devendra Jain & Aditya Bhatt, Advocates
Reading Time 2 mins

48 American Express (India) P. Ltd. vs. PCIT

(2024) 165 taxmann.com 91 (Del Trib)

ITA No.: 2468(Delhi) of 2023

A.Y.: 2016-17

Dated: 30th August, 2024

Ss. 263, 80G

Where the view taken by the AO that the assessee was eligible for deduction under section 80G for CSR expenses was approved by various decisions of Tribunal, PCIT could not invoke revisional jurisdiction under section 263 on the ground that the order of AO was erroneous.

FACTS

The assessee had incurred expenditure amounting to ₹5,20,00,000 under section 135 of the Companies Act 2013 dealing with Corporate Social Responsibility (CSR). It voluntarily disallowed the same in the computation of income; however, it claimed benefit of

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