Bandekar Bros. (P) Ltd., Vasco V. ACIT Circle-2, Margao, Margao

CO 24/PAN/2014

• Counselvise Citation: [2017] 123 COUNSELVISE.COM (IT) 2717 (ITAT-PANAJI)
• Duration Of Justice: 2 year(s) 8 month(s) 16 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 03-01-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SB
• Next Hearing Date: 03-01-2017
• Assessment Year: misc
• Appeal Filed On: 17-04-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: K MEHBOOB ALI KHAN
• Keywords: Question of law

Judgement Text

1 C.O NO.24/PNJ/2014 ARRISING OUT OF ITA NO.81/PNJ/2014 IN THE INCOME TAX APPELLATE TRIBUNAL PANAJI BENCH, PANAJI BEFORE SHRI JUSTICE DEV DARSHAN SUD, HONBLE PRESIDENT, SHRI JOGINDER SINGH, HON'BLE JUDICIAL MEMBER & SHRI R C SHARMA, HON BLE ACCOUNTANT MEMBER CROSS OBJECTION NO.24/PNJ/2014 ARRIS I NG OUT OF ITA NO.81/PNJ/2014 (ASST. YEAR: 2008 - 09 ) M/S B ANDEKAR BROTHERS PVT. LTD., SUVARN BANDEKAR BLDG., P.B. NO.11, SWATANTRA PATH, VASCO - DA - GAMA, GOA, V. ACIT, CIRCLE 2 MADGAO, GOA PAN NO. AAACB 5502 B (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI MIHIR NANIWADEKAR ADV . DEPARTMENT BY : SHRI K MEHBOOB ALI KHAN - D . R DATE OF HEARING : 03/01/17 . DATE OF PRONOUNCEMENT : 03/01/17 . O R D E R PER JUSTICE DEV DARSHAN SUD, HONBLE PRESIDENT THIS CASE HAS BEEN PUT UP BEFORE US TO RESOLVE THE FOLLOWING QUESTION: CAN THE EXPENDITURE INCURRED ON THE RENOVATION OF A TEMPLE BE CONSIDERED AS EXPENDITURE INCURRED TOWARDS CORPORATE SOCIAL RESPONSIBILITY AND HENCE ALLOWABLE UNDER SECTION.37(1) OF THE ACT? 2. AT THE OUTSET LEARNED COUNSEL FOR THE ASSESSEE HAS POINTED OUT THAT ON THE PRINCIPLE OF LAW , IN THE CASE OF COMMISSIONER OF INCO ME TAX VS. PRIME MINERALS EXPORTS PVT. LTD , THE HONBLE HIGH COURT OF BOMBAY AT GOA, HAS ADMITTED THIS VERY QUESTION OF LAW FOR DETERMINATION . HE 2 C.O NO.24/PNJ/2014 ARRISING OUT OF ITA NO.81/PNJ/2014 HAS PLACED ON RECORD THE ORDER OF ADMISSION PASSED BY THE HONBLE CHIEF JUSTICE IN TAX APPEAL NO.24 OF 2014 ON 05 TH MARCH, 2014 : - APPEAL IS ADMITTED ON THE FOLLOWING SUBSTANTIAL QUESTION OF LAW: - ( A ) WHETHER ITAT IS RIGHT IN DELETING THE ADDITIONS OF .10.70 LAKHS AND ALLOWING THE EXPENDITURE INCURRED ON RENOVATION OF TEMPLE WHEN THERE IS NO PROXIMATE NEXUS BETWEEN THE BUSINESS AND THE EXPENDITURE INCURRED. ......... 3 . IN THE CIRCUMSTANCES SINCE THE ANSWER TO THE QUESTION RAISED BEFORE US IS PENDING ADJUDICATION BEFORE THE HONBLE HIGH COURT IN PRIME MINERALS C ASE WE DO NOT CONSIDER IT NECESSARY TO ADJUDICATE TH E REFERENCE AT THIS STAGE. REFERENCE IS DISCHARGED. PETITION DISPOSED OF. ORDER PRONOUNCED IN THE COURT AT THE CLOSE OF THE HEARING ON TUESDAY, THE 03 RD DAY OF JANUARY, 201 7 AT GOA. SD/ - SD / - SD/ - (R C SHARMA) ACCOUNTANT MEMBER (JOGINDER SINGH) JUDICIAL MEMBER (JUSTICE DEV DARSHAN SUD) PRESIDENT DATED : 03 RD JANUARY , 201 7 . VSSG BABU / - COPY TO: 1 . THE ASSESSEE. 2 . THE REVENUE. 3 . THE PR. CIT 4 . THE CIT(A) 5 . THE D.R . 6 . GUARD FILE. BY ORDER ASSISTANT REGISTRAR I.T.A.T., PANAJI