Confederation of Indian Pharmaceutical Industry (SSI) v. CBDT

353 ITR 388High Court2013#4563 most cited

What is Confederation of Indian Pharmaceutical Industry (SSI) v. CBDT authority for?

Payments made to doctors in violation of Indian Medical Council regulations are considered opposed to public policy and are not deductible as business expenditure under section 37(1). Such payments are to be discouraged.

26

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2018 to 2025.

Also referred to as

Confederation of Indian Pharmaceutical Industry v. CBDT · section 37(1) · prohibited by law · tax benefit · Indian Medical Council regulations · disallowance of expenses · public policy · doctors' payments · business expenditure

Issues it is cited on

Judgments citing Confederation of Indian Pharmaceutical Industry (SSI) v. CBDT

ACIT, New Delhi vs. M/S. Life Star Pharma Pvt. Ltd., New Delhi

Appeal is dismissed

ITA 5012/DEL/2016[2012-13]Status: DisposedITAT Delhi10 Dec 2018AY 2012-13

Bench: Smt Diva Singh & Shri Prashant Maharishithe Acit, Circle 15 (2), Vs Life Star Pharma Pvt.Ltd., C.R. Building, 208, Okhla Industrial Estate, New Delhi. Phase-3, New Delhi. Pan No : Aabcl3646F Department By Smt. Naina Soin Kabil, Sr.Dr Assessee By Shri Sumit Goel, Cit(A) & Shri J.P.Sharma,Ca Date Of Hearing 13.09.2018 Date Of Pronouncement 10.12.2018 O R D E R Per Diva Singh : The Present Appeal Has Been Filed By The Revenue Assailing The Correctness Of The Order Dated 29.07.2016 Of Cit(A)-5, Delhi Pertaining To 2012-13 Assessment Year On The Following Grounds : "1. Whether, On The Fact & In The Circumstances Of The Case & In Law , Id. Cit (A) Was Right In Holding That The Commission Paid By The Assessee To The Doctors Was Allowable As It Was In Keeping With A Trade Practice & Thus Ignoring The Fact That It Was An Illegal Payment Not Allowable As Per The Explanation To Section 37(1) Of The Act.?" 2. Whether On The Fact & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Erred In Deleting The Addition Of Rs. 69,07,000/- Made On Account Of Expenses Incurred On Doctors ? 3 That The Grounds Of Appeal Are Without Prejudice To Each Other. 4 That The Appellant Craves Leave To Add, Alter, Amend Or Forego Any Ground(S) Of The Appeal Raised Above At The Time Of The Hearing. 2. The Relevant Facts Of The Case Are That The Assessee Company Engaged In The Business Of Marketing Pharmaceutical Products (Medicines) Through A Nationwide Network Of C&F Agents In The Course Of The Assessment Proceedings Was Required To Justify The Business Promotion Expenses Of Rs. 69,07,000/-. The Cbdt Circular No. 5 Of 2012 Was Referred To On The Basis

Section 37Section 37(1)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘D’ NEW DELHI BEFORE SMT DIVA SINGH, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER The ACIT, Circle 15 (2), Vs Life Star Pharma Pvt.Ltd., C.R. Building, 208, Okhla Industrial Estate, New Delhi. Phase-3, New Delhi. PAN No : AABCL3646F Department by Smt. Naina Soin Kabil, Sr.DR Assessee by Shri Sumit Goel, CIT(A) & Shri J.P.Sharma,CA Date of Hearing 13.09.2018 Date of Pronouncement 10.12.2018 O R D E R PER DIVA SINGH : The present appeal has been filed by the Revenue assailing the correctness of the order dated 29.07.2016 of CIT(A)-5, Delhi pertai…

Icpa Health Products Ltd, Mumbai vs. Deputy Commissioner of Income Tax, Circle 10(1)(1), Mumbai

In the result the appeal of the assessee is partly allowed

ITA 6244/MUM/2017[2012-13]Status: DisposedITAT Mumbai20 Apr 2018AY 2012-13

Bench: Shri B.R. Baskaran & Shri Pawan Singhita No.6245/Mum/2017 (Assessment Year- 2013-14) Icpa Health Products Ltd., Deputy Commissioner Of Off. 216-219,Adarsh Income Tax, Circle-10(1)(1), Industrial Estate, Sahar Mumbai, Road, Chakala, Andheri(E), Vs. Room No. 702, C-10, Mumbai-400099 Praytaksha Kar Bhavan, Pan: Aaac13042F Bkc, Mumbai-400051 (Appellant) ( Respondent) Assessee By : Sh. Yogesh Thar Ar Revenue By : Sh. V. Justine Sr Dr Date Of Hearing : 07.03.2018 Date Of Pronouncement : 20.04.2018 Order Under Section 254(1) Of Income Tax Act Per Pawan Singh: 1. These Two Appeals By Assessee Under Section 253 Of Income Tax Act Are Directed Against The Separate Order Of Commissioner (Appeals)-17

For Appellant: Sh. Yogesh Thar ARFor Respondent: Sh. V. Justine Sr DR
Section 143(3)Section 253Section 254(1)Section 37Section 37(1)

…ITA No.6244,6245/M/2017, IPCA Health Product Ltd IN THE INCOME TAX APPELLATE TRIBUNAL, BENCH “I”, MUMBAI BEFORE SHRI B.R. BASKARAN, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH, JUDICIAL MEMBER ITA No.6245/Mum/2017 (Assessment Year- 2013-14) ICPA Health Products Ltd., Deputy Commissioner of Off. 216-219,Adarsh Income tax, Circle-10(1)(1), Industrial Estate, Sahar Mumbai, Road, Chakala, Andheri(E), Vs. Room No. 702, C-10, Mumbai-400099 Praytaksha Kar Bhavan, PAN: AAAC13042F BKC, Mumbai-400051 (Appellant) ( Respondent) Assessee by : Sh. Yogesh Thar AR Revenue by : Sh. V. Justine Sr DR Date of hearing : 07.03.2018…