354) (Ahd Trib); Solvay Pharma India Limited v. CIT

169 ITD 13Income Tax Appellate Tribunal2018#15106 most cited
6

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2021.

Judgments citing 354) (Ahd Trib); Solvay Pharma India Limited v. CIT

DCIT CORPORATE CIRCLE 2(2), CHENNAI vs. HEAL KRAFT INDIA PVT. LIMITED, CHENNAI

In the result, the appeal filed by the assessee is partly allowed and the appeal filed by the Revenue is dismissed

ITA 3537/CHNY/2018[2010-11]Status: DisposedITAT Chennai08 Sept 2021AY 2010-11

Bench: Shri Duvvuru Rl Reddy & Shri G. Manjunatha

For Appellant: Shri T. Banusekar, CAFor Respondent: Shri G. Johnson, Addl.CIT
Section 14ASection 234BSection 37(1)

…the assessee’s products and hence the said expenditure would not be covered by Circular No.5 / 2012 of the CBDT. d) The ld AR by placing reliance on the co-ordinate bench decision of Mumbai Tribunal in the case of Solvay Pharma India Ltd V. PCIT reported in 169 ITD 13 , submitted that the Indian Medical Council (Professional Conduct Etiquette and Ethics) Regulations, 2002 is applicable only to the medical practitioners and not to the Pharma companies and further that the CBDT cannot enlarge the scope and applicability of “Indian Medical Council Regulation 2002” by making it applicable to the pharmaceutical comp…

HEALKRAFT PHARMA INDIA PVT LTD.,CHENNAI vs. ADDL.CIT CORPORATE RANGE- 2, CHENNAI

In the result, the appeal filed by the assessee is partly allowed and the appeal filed by the Revenue is dismissed

ITA 3345/CHNY/2018[2010-11]Status: DisposedITAT Chennai08 Sept 2021AY 2010-11

Bench: Shri Duvvuru Rl Reddy & Shri G. Manjunatha

For Appellant: Shri T. Banusekar, CAFor Respondent: Shri G. Johnson, Addl.CIT
Section 14ASection 234BSection 37(1)

…the assessee’s products and hence the said expenditure would not be covered by Circular No.5 / 2012 of the CBDT. d) The ld AR by placing reliance on the co-ordinate bench decision of Mumbai Tribunal in the case of Solvay Pharma India Ltd V. PCIT reported in 169 ITD 13 , submitted that the Indian Medical Council (Professional Conduct Etiquette and Ethics) Regulations, 2002 is applicable only to the medical practitioners and not to the Pharma companies and further that the CBDT cannot enlarge the scope and applicability of “Indian Medical Council Regulation 2002” by making it applicable to the pharmaceutical comp…

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE -5(1), MUMBAI vs. USV LIMITED , MUMBAI

In the result, the appeal filed by the Revenue is dismissed

ITA 4915/MUM/2017[2011-12]Status: DisposedITAT Mumbai05 Mar 2021AY 2011-12

Bench: Shri Saktijit Dey () & Shri N.K. Pradhan () Assessment Year: 2010-11

For Appellant: Mr. Rajan Vora, AR
Section 143(3)Section 37(1)

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “J” MUMBAI BEFORE SHRI SAKTIJIT DEY (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) Assessment Year: 2010-11 M/s USV Private Limited, Deputy Commissioner of Income Arvind Vithal Gandhi Chowk, Vs. Tax Central Circle 5(1), BSD Marg, Govandi, 19th Floor, Air India Building, Mumbai-400088. Nariman Point, Mumbai-400020 PAN No. AAACU 1366 N Appellant Respondent Assessment Year: 2010-11 DCIT Central Circle 5(1), M/s USV Private Limited, R. No. 1928, 19th Floor, Air Vs. Arvind Vithal Gandhi Chowk, BSD India Building, Nariman Point, Marg, Govandi, Mumbai 400…

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE -5(1), MUMBAI vs. USV LIMITED , MUMBAI

In the result, the appeal filed by the Revenue is dismissed

ITA 4914/MUM/2017[2010-11]Status: DisposedITAT Mumbai05 Mar 2021AY 2010-11

Bench: Shri Saktijit Dey () & Shri N.K. Pradhan () Assessment Year: 2010-11

For Appellant: Mr. Rajan Vora, AR
Section 143(3)Section 37(1)

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “J” MUMBAI BEFORE SHRI SAKTIJIT DEY (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) Assessment Year: 2010-11 M/s USV Private Limited, Deputy Commissioner of Income Arvind Vithal Gandhi Chowk, Vs. Tax Central Circle 5(1), BSD Marg, Govandi, 19th Floor, Air India Building, Mumbai-400088. Nariman Point, Mumbai-400020 PAN No. AAACU 1366 N Appellant Respondent Assessment Year: 2010-11 DCIT Central Circle 5(1), M/s USV Private Limited, R. No. 1928, 19th Floor, Air Vs. Arvind Vithal Gandhi Chowk, BSD India Building, Nariman Point, Marg, Govandi, Mumbai 400…

EDWARDS LIFESCIENCES (INDIA) P.LTD,MUMBAI vs. ASST CIT CIR 9(2)(2), MUMBAI

In the result, appeal of the assessee is allowed

ITA 1189/MUM/2017[2012-13]Status: DisposedITAT Mumbai10 Jul 2019AY 2012-13

Bench: Shri C.N. Prasad, Jm & Shri M.Balaganesh, Am

…we do not find any merit in the disallowance so made by the AO in both the assessment years under consideration.‖ 11. Reliance was also placed by learned AR on the order passed by the Co-ordinate Bench on similar facts in the case of Solvay Pharma India Ltd., 169 ITD 13. As per learned AR, MCI guidelines cannot be applied to the pharma company and it is only applicable to the practicing doctors. 12. Learned AR also invited our attention to the expenditure so incurred so as to bring to our notice that new expenditure is incurred on freebies to the doctors. Learned AR also invited our attention to the detailed docu…

M/S BOSTON SCIENTIFIC INDIA PVT. LTD.,,NEW DELHI vs. ACIT, NEW DELHI

In the result, the appeal of the assessee is partly allowed for statistical purposes

ITA 6806/DEL/2015[2011-12]Status: DisposedITAT Delhi30 Nov 2016AY 2011-12

Bench: Sh. N. K. Saini, Am & Ms. Suchitra Kamble, Jm Ita No. 6806/Del/2015 : Asstt. Year : 2011-12 Boston Scientific India Pvt. Ltd., Vs Asstt. Commissioner Of Income C-40/41, Okhla Industrial Area, Tax, Circle-5(1), Phase-2, New Delhi-110020 New Delhi-110002 (Appellant) (Respondent) Pan No. Aabcg9446Q Assessee By : Sh. M. S. Syali, Sr. Adv., Sh. Tarandeep Singh, Adv. & Sh. Tarun Singh, Adv. Revenue By : Sh. Sanjay I. Bara, Cit Dr Date Of Hearing : 05.07.2018 Date Of Pronouncement : 31.08.2018 Order Per N. K. Saini, Am: This Is An Appeal By The Assessee Against The Order Dated 30.11.2015 Passed By The Ao U/S 143(3) R.W.S. 144C Of The Income Tax Act, 1961 (Hereinafter Referred To As The Act).

For Appellant: Sh. M. S. Syali, Sr. AdvFor Respondent: Sh. Sanjay I. Bara, CIT DR
Section 143(3)Section 260ASection 37(1)

…esaid referred to order of the Co- ordinate bench, we are of the view that the disallowance made by the AO was not justified. 8. A similar view has been taken by the ITAT Mumbai Bench in the case of Solvay Pharma India Ltd. Vs Pr. CIT, Range-2, Mumbai (2018) 169 ITD 13 wherein it has been held as under: “The CBDT Circular dated 1-8-2012 (supra) in its clarification has enlarged the scope and applicability of 'Indian Medical Council Regulations, 2002' by making it applicable to the pharmaceutical companies or allied 8 Boston Scientific India Pvt. Ltd. healthcare sector industries. Such an enlargement of scope of…

354) (Ahd Trib); Solvay Pharma India Limited v. CIT (169 ITD 13) — Cited in 6 Judgments | BharatTax