DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE -2 (1), PUNE vs. M/S. EMCURE PHARMACEUTICALS LTD, PUNE

PDF · subscribers
ITA 367/PUN/2019Status: DisposedITAT Pune06 July 2022AY 2014-154 pages

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

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the issue is no longer res integra in view of the Supreme Court judgment in Apex Laboratories Pvt. Ltd. vs. DCIT. Therefore, the additions made by the Assessing Officer are restored.

What were the facts?

The assessee company debited amounts as Advertisement and Promotion expenses for gifts and freebies given to medical practitioners. The Assessing Officer disallowed these expenses, treating them as not allowable.

What were the issues?

Whether expenses incurred on freebies provided to medical practitioners are allowable as a deduction under Section 37(1) of the Income Tax Act.

Which sections of the Income-tax Act were involved?

Section 37(1)

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

Income Tax Appellate Tribunal, PUNE BENCH, ‘A’ PUNE

Before: SHRI R.S. SYAL & SHRI S.S. VISWANETHRA RAVI

For Appellant: Shri Nikhil S. Pathak
For Respondent: Shri S.P. Walimbe

आदेश / ORDER

PER R.S. SYAL, VP :

1.

These two appeals by the Revenue relating to assessment years 2014-15 and 2015-16 arise out of a common order passed by the CIT(A)-12, Pune on 31-12-2018.

2.

The only issue raised in these appeals is against the deletion of addition of Rs.2,97,38,239/- and Rs.2,21,74,806/- respectively on account of freebies provided by the assessee company to medical practitioners.

3.

Briefly stated, the facts of the case are that the assessee is engaged in the business of manufacturing and sale of pharmaceutical products. It debited the above mentioned amounts as Advertisement and Promotion expenses incurred on gifts and freebies given to Medical practitioners. The Assessing Officer (AO) treated the said amounts as not allowable in terms of section 37(1) of the Act. The ld. CIT(A) accepted the assessee’s claim and deleted the above additions. Aggrieved thereby, the Revenue has come up in appeal before the Tribunal.

4.

Having heard both the sides and gone through the relevant material on record, it is seen that the issue raised in these appeals is no more res integra in view of the judgment of the Hon’ble Supreme Court in Apex Laboratories Pvt. Ltd. Vs. DCIT (2022)

442 ITR 1 (SC) denying the benefit of deduction in the hands of pharmaceutical companies towards freebies provided to the Medical Practitioners. The ld. AR candidly accepted this legal proposition. In view of the above binding precedent, we overturn the impugned order and restore the above additions made by the AO.

5.

In the result, both the appeals are allowed.

Order pronounced in the Open Court on 06th July, 2022.

Sd/- Sd/- (S.S. VISWANETHRA RAVI) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT पुणे Pune; िदनांक Dated : 06th July, 2022 सतीश आदेश की �ितिलिप अ�ेिषत/Copy of the Order is forwarded to: अपीलाथ� / The Appellant; 1. ��थ� / The Respondent 2. 3. The CIT(A)-13, Pune 4. The Pr.CIT-2, Pune 5. DR, ITAT, ‘A’ Bench, Pune गाड� फाईल / Guard file. 6. आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune & 368/PUN/2019 M/s. Emcure Pharmaceuticals Ltd.,

Date 1. Draft dictated on 06-07-2022 Sr.PS 2. Draft placed before author 06-07-2022 Sr.PS 3. Draft proposed & placed before JM the second member 4. Draft discussed/approved by JM Second Member. 5. Approved Draft comes to the Sr.PS Sr.PS/PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *

Similar judgments

Other orders that rely on the same authority or decide the same section.

More judgments on Section 37(1)

All 6,995 judgments and leading authorities on Section 37(1) →

Latest GST High Court judgments

Search GST case law →