JCIT(OSD), CIR-3(1)(2), AHMEDABAD vs. RECKITT BENCKISER HEALTHCARE (INDIA) LTD, HARYANA

ITA 1225/AHD/2018Status: DisposedITAT Ahmedabad18 February 2025AY 2011-12Bench: the Ld. CIT(A) who confirmed/deleted some of the additions/ disallowances made by the Assessing Officer.45 pages
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What did the Tribunal hold?

The Tribunal held that the deduction under Section 80-IC should be allowed on enhanced profits, following CBDT Circular No. 37/2016. It also upheld the deletion of addition on account of provision for expiry of goods, citing Supreme Court judgments.

What were the facts?

The assessee company, engaged in pharmaceuticals and cosmetics, had its income determined at a higher amount than returned due to various additions/disallowances by the Assessing Officer. The CIT(A) partly confirmed/deleted these additions. The case involves a demerger of a treasury undertaking and a provision for expiry of goods.

What were the issues?

The key issues were whether a demerger qualified for tax benefits and the allowability of a provision for expiry of goods as an expenditure.

Which sections of the Income-tax Act were involved?

Section 45,Section 2(19AA),Section 115JB,Section 143(3),Section 250,Section 80-IC,Section 2(22)

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Income Tax Appellate Tribunal, “B” BENCH, AHMEDABAD

Before: DR. B.R.R. KUMAR, VICE-MS. SUCHITRA KAMBLE

For Appellant: Shri Dhinal Shah, AR
For Respondent: Shri V. Nand Kumar, CIT-DR
Hearing: 20.11.2024Pronounced: 18.02.2025

Heard together (2 matters)

I.T.A. No. 1184/Ahd/2018
I.T.A. No. 1225/Ahd/2018

Read from the judgment's own cause title. This page is filed under one of them.

PER DR. B.R.R. KUMAR, VICE-PRESIDENT:

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These cross appeals filed by the Assessee and the Revenue are directed against the order of the learned Commissioner of Income-tax

ITA Nos. 1184/Ahd/2018 & 1225/Ahd/2018 Assessee : Reckitt Benckiser Healthc

The order continues below.

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