C I T vs. M/S GLAXO SMITHKLINE CONSUMER HEALTHCARE LTD.
What did the High Court hold?
The High Court held that all the questions raised by the appellant had already been answered by this Court in previously decided appeals. Therefore, the present appeal was decided in terms of those prior orders.
What were the facts?
The appellant, Commissioner of Income Tax, appealed against an ITAT order concerning various issues including the classification of expenditure, deduction under Section 80HHC, and deduction under Section 80-I. The High Court was asked to adjudicate on several questions of law.
What were the issues?
The primary issues involved the classification of expenditures as revenue or capital, the computation of turnover for deductions, and the eligibility for deductions under specific sections of the Income Tax Act.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** 204
ITA-265-2009 (O&M) Date of Decision: 05.02.2026 COMMISSIONER OF INCOME TAX ...Appellant Vs. M/S GLAXO SMITHKLINE CONSUMER HEALTHCARE LTD.
…Respondent
CORAM:- HON'BLE MR. JUSTICE JAGMOHAN BANSAL HON'BLE MR. JUSTICE AMARINDER SINGH GREWAL
Present:- Ms. Urvashi Dhugga, Sr. Standing Counsel with
Mr. Vaibhav Gupta, Jr. Standing Counsel and
Ms. Kavita, Advocate for Income Tax
Mr. Rohit Jain, Advocate (through V.C.) and
Mr. Abhishek Sharma, Advocate for the assessee
*** JAGMOHAN BANSAL, J. (ORAL)
The appellant through instant appeal under Section 260A of the Income Tax Act, 1961 (for short ‘1961 Act’) is seeking setting aside of order dated 21.03.2007 passed by Income Tax Appellate Tribunal, Chandigarh (for short ‘ITAT’). 2.
The appellant has raised following questions for adjudication by this Court:- i. Whether on facts and in the circumstances of the case, the ITAT is right in law in treating the expenditure incurred on product development as revenue expenditure, when the purpose of the expenditure & its intended reality is to obtain benefit of enduring nature? ii. Whether on the facts and in the circumstances of the case, the DEEPAK BISSYAN 2026.02.09 12:43 I attest to the accuracy and integrity of this document
ITA-265-2009
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ITAT was right in holding that Excise Duty will not form part of "total turnover" while computing deduction u/s 80HHC? iii. Whether on the facts and in the circumstances of the case the ITAT was right in law in allowing the deduction u/s 80-I of the 1961 Act, in as much as the machinery had been installed in the same iv. Whether on the facts and in the circumstances of the case, the ITAT is correct in law in holding that interest on capital borrowed for acquisition of new machinery and overhead expenses incurred during trial run period in expansion of its existing business are expenses of revenue nature? v. Whether on the facts and in the circumstances of the case, the ITAT is correct in law in holding that expenditure incurred on implementation of the new ERP package, an input to take business decisions and which results into carrying on business more efficiently and smoothly, cannot be said to be an advantage accruing in the capital field? vi. Whether on the facts and in the circumstances of the case, the ITAT was right in law in upholding the order of the CIT (A) in deleting the addition made on account of change in the method of valuation of closing stock in respect of excise duty? 3.
Learned counsel for the parties are ad idem that question No.1 raised by appellant stands answered by this Court vide order dated 04.02.2026 passed in ITA-267-2009, question No.2 is covered by order dated 27.01.2026 passed in ITA-645-2008, questions No.3 and 4 are covered by order dated 19.01.2026 passed in ITA-269-2009, question No.5 is covered by DEEPAK BISSYAN 2026.02.09 12:43 I attest to the accuracy and integrity of this document
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order dated 05.02.2026 passed in ITA-271-2009 and question No.6 is covered by order dated 27.11.2025 passed in ITA 62 to 65 of 1995. 4.
The questions raised by appellant are answered in terms of aforesaid orders of this Court. 5.
Pending application(s), if any, stands disposed of.
(JAGMOHAN BANSAL)
JUDGE
(AMARINDER SINGH GREWAL)
JUDGE February 05, 2026 Deepak DPA
Whether Speaking/reasoned Yes/No
Whether Reportable
Yes/No DEEPAK BISSYAN 2026.02.09 12:43 I attest to the accuracy and integrity of this document
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