CIPLA LTD,MUMBAI vs. DCIT CC-1(2), MUMBAI

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ITA 1219/MUM/2018Status: DisposedITAT Mumbai23 September 2021AY 2010-1142 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the CBDT circular, which made MCI regulations applicable to pharmaceutical companies, could not be applied retrospectively. It also noted that MCI regulations primarily govern doctors' conduct, not pharmaceutical companies.

What were the facts?

The assessee claimed expenses for marketing and promotional activities, including gifts and sponsored trips for medical practitioners. The Assessing Officer disallowed these expenses based on CBDT Circular No. 5/2012 and MCI guidelines, treating them as in contravention of regulations.

What were the issues?

Whether expenses incurred on gifts and sponsored trips for medical practitioners are disallowable based on a retrospective application of a CBDT circular and MCI guidelines.

Which sections of the Income-tax Act were involved?

Section 37(1),Section 147,Section 148

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(5)Show list

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Income Tax Appellate Tribunal, “C” BENCH, MUMBAI

For Appellant: Shri. J.D. Mistry. AR
For Respondent: Shri. V. Sreekar. DR, Shri. Sanjay Sethi. DR
Hearing: 25.06.2021Pronounced: 20.09.2021

आदेश क� ��त�ल�प अ�े�षत/Copy of the Order forwarded to : 1. अपीलाथ� / The Appellant 2. ��यथ� / The Respondent. 3. संबं�धत आयकर आयु�त / The CIT(A) 4. आयकर आयु�त(अपील) / Concerned CIT �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, अहमदाबाद / DR, ITAT, Mumbai 5. गाड� फाईल / Guard file. 6. आदेशानुसार/ BY ORDER, स�या�पत ��त //True Copy// 1. ( Asst. Registrar) ITAT, Mumbai

Initial Date 1. Draft dictated on 19.07.21 PS 2. Draft placed before author 11.08.21 PS

3.

Draft proposed & placed before PS the second member 4. Draft discussed/approved by PS Second Member. 5. Approved Draft comes to the PS Sr.PS/PS 6. Kept for pronouncement on 7. File sent to the Bench Clerk 8. Date on which file goes to the AR 9. Date on which file goes to the Head Clerk. 10. Date of dispatch of Order. 11. Dictation Pad is enclosed 2. Other Member… on whi

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