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What is being considered as business disallowance u/s37 for CSR expense in computation may be claimable u/s 80G subject however to eligibility and fulfilment of conditions of that section .


 The Tribunal in (2023] 30 ITR (Trib)-OL 424 (ITAT[Beng]) held that for claiming benefit under section 80G, deductions are considered at the stage of computing ‘total taxable income’. Even if any payments under section 80G forms part of corporate social responsibility payments (keeping in mind ineligible deduction expressly provided under section 80G), the same would already stand excluded while computing income under the head, ‘Income from business or profession’. The effect of such disallowance would lead to increase in business income. Thereafter benefit accruing to the assessee under Chapter VI-A for computing ‘total taxable income’ cannot be denied to the assessee, subject to fulfilment of necessary conditions therein.

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