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Published on:

March 7, 2025

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ITC on CSR Expenses and Income Tax Treatment: Penalty for Non-Compliance

Corporate Social Responsibility (CSR) in India underwent a substantial transition from being voluntary to mandatory through legislative action. Under Section 135 of the Companies Act, 2013, the mandatory requirement of CSR spending changed the way businesses donate money for human and environmental welfare. The financial consequences of CSR initiatives, especially regarding tax matters, remain a point of controversy among business organizations responsible for the highest ethical standards. One of the most contentious features is the tax credit eligibility on CSR expenditure under the Goods and Services Tax (GST) regime. The tax treatment of CSR expenditure under the Income Tax Act and penalty regimes for defaulting further add to the complexities.

The Nature of CSR: Compliance and Ethical Commitment

Defining CSR

The engagement of a business organization in delivering social benefits constitutes Corporate Social Responsibility. Companies must now perform 2% mandatory contributions as a legal requirement instead of optional charity work for entities reaching specific financial thresholds.

Mandatory CSR Spending

Section 135 of the Companies Act, 2013 requires organizations to employ at least 2% of their three-year average net profits toward CSR programs if they fulfill any of these conditions:

1. Having a net worth exceeding INR 500 crore

2. A turnover exceeding INR 1,000 crore

3. A net profit exceeding INR 5 crore

Companies carrying out CSR initiatives focus on diverse areas, including education, health services, environmental protection, and disaster relief measures. CSR acts beyond legal requirements to establish mutual understanding, good faith, and collective objectives between businesses and their social surroundings.

Input Tax Credit (ITC) on CSR Expenditure: A Controversial Issue

What is ITC?

Input Tax Credit (ITC) allows companies to offset the GST incurred on inputs against their GST liability. The fundamental concept of ITC is that it compensates for expenses that are directly related to business activities.

The Uncertainty Regarding ITC on CSR Expenses

The ITC eligibility on CSR expenditure depends on whether such expenditure is deemed part of a company's business operations. Sadly, the response is still unclear owing to legal and regulatory limitations.

Key Considerations

1. Business Nexus: ITC is allowed only for expenses incurred in the process of business operations. CSR, being socially driven, does not directly generate business revenue.

2. GST Provisions: CGST Act, Section 17(5) rules out ITC for expenses not in the furtherance of business and hence most CSR expenses.

3. Judicial Precedents: The courts have consistently held that CSR expense is not in the course or furtherance of business and therefore not entitled to ITC.

Example

A company purchases building materials to build a school under its CSR initiative. While good for society, the GST on the same cannot be taken as ITC since the expense is not business-specific.

Income Tax Treatment of CSR Expenditure

Deductibility of CSR Expenses

The Income Tax Act, of 1961 views CSR expenditure just like any other business expenditure.

Non-Deductible Expenses

CSR spending is not defined as business expenses under Section 37(1) of the Income Tax Act. Hence, firms cannot set off their tax liability by the amount spent on CSR initiatives.

Specific Deductions

Donations to government-approved institutions and funds may be deducted under Section 80G, but this is a special case and not the general rule.

The Cost of Non-Compliance: Financial and Reputational Risks

Penalties under the Companies Act, 2013

Fine as Monetary Penalty

Companies that fail to utilize the minimum CSR amount may be fined between INR 50,000 to INR 25 lakh.

Fine and Imprisonment for Key Persons

Directors and other key managerial persons responsible for default can be punished with a fine ranging from INR 50,000 to INR 5 lakh, or even imprisonment for three years.

Consequences under the Income Tax Act, 1961

1. Forfeiture of Expenses: Non-compliant CSR expenditure results in increased taxable income.

2. Higher Tax Burden: Non-adherence to CSR expenditure requirements can lead to increased tax imposition, including interest and penalties.

Case Studies: Real-Life Examples to Learn From

Case Study 1: Denial of ITC Claim

A manufacturing company allocated INR 10 lakh for building a community health center as part of its CSR activity. It claimed ITC on construction materials (INR 1.8 lakh). However, during a GST audit, the tax officials rejected the claim, increasing the company's tax outgo and highlighting the need for clearer tax laws.

Case Study 2: The Costs of Non-Compliance

A tech firm failed to fulfill its CSR obligations due to financial constraints. The Registrar of Companies fined the company INR 10 lakh and its managing director INR 1 lakh. Besides monetary loss, the company suffered reputation damage, compromising stakeholder trust.

Conclusion

The imposition of taxes on Corporate Social Responsibility (CSR) expenditures through both GST and Income Tax legislation creates major fiscal obstacles as well as regulatory barriers. Input Tax Credit (ITC) claims have been practically denied by tax authorities and income tax deductions face limitations despite the extensive effects of CSR programs reaching past financial boundaries. The fundamental role of CSR initiatives involves building goodwill while generating social advancements and solving key community problems. Companies that invest their resources into education and health care alongside environmental initiatives along with communal betterment gain public trust and build better relationships with their stakeholders consisting of personnel and customers as well as investors. The dedication to CSR initiatives drives strong brand trust as well as long-term customer loyalty which serves as essential resources in present-day competitive business environments.

Although the tax regulations restrict CSR funding options companies can achieve broader financial prospects by gaining improved reputational standing as well as delivering beneficial societal results. A business should prioritize CSR as a strategic tool for value co-creation rather than treating it as just a regulatory requirement because it enables sustainable development for itself alongside the communities in which it operates.

FAQs

1. Does a company have the option to transfer unspent CSR funds to the following financial year?

A company needs to transfer unspent CSR funds to a CSR fund by six months after the Companies (Amendment) Act, 2019 becomes effective. The funds that serve an ongoing project may be utilized within three years following their allocation.

2. Does every business need to follow the regulations that pertain to Corporate Social Responsibility (CSR)?

A company needs to fulfill the requirements of net worth, turnover or net profit delineated under Section 135 of the Companies Act, 2013 to become obligated for CSR compliance.

3. Companies who allocate costs for CSR spending that exceed their official requirements must follow what procedures?

Companies cannot use excess CSR spending for tax deductions but the funds must be carried forward and deducted from future CSR obligations according to Companies Act regulations.

4. Does the Companies Act consider expenses for employee welfare and skill development as part of CSR activities?

The intended beneficiaries of CSR activities must be the general public rather than restricting benefits to the employees and their immediate relatives of the company. The programs that benefit underserved community members are considered eligible for CSR.

5. Does Indian tax law permit businesses to deduct CSR costs made overseas?

The Indian government does not permit companies to claim tax deductions for CSR expenditures made outside Indian territory.

6. Does an organization's financial donation to an NGO fulfill requirements for CSR expenses?

Registering NGOs together with operational participation in permissible CSR activities specified in Schedule VII of the Companies Act allows them to qualify for CSR funding.