Freebie Solutions Pvt Ltd vs Zaggle Prepaid Ocean Services Pvt Ltd on 6 November, 2020
NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI
Company Appeal ... Insolvency) No. 884 of 2020
IN THE MATTER OF:
Freebie Solutions Pvt. Ltd. ...Appellant
Versus
Zaggle Prepaid Ocean Services Pvt. Ltd. ...Respondent
Present:
For Appellant
dated 01-08-2012 which provides for disallowance of
deduction pertaining to freebies given to medical practitioners.
In response to that the assessee company submitted ... dated 01-08-2012, which provides for
disallowance of deduction pertaining to freebies given to
medical practitioners.
In response to that the assessee company submitted
erred in deleting the
disallowance of Rs.22,99,72,607/- being freebies given by the
assessee to doctors, ignoring the fact that such payments ... erred in deleting the
disallowance of Rs.22,99,72,607/- being freebies given by the
assessee to doctors observing that the prohibition
erred in deleting the disallowance of Rs.22,99,72,607/- being freebies given by the
assessee to doctors, ignoring the fact that such payments ... erred in deleting the disallowance of Rs.22,99,72,607/- being freebies given by the
assessee to doctors observing that the prohibition
contention that expenditure so incurred are not
in the nature of freebies to the doctors. In these circumstances, the
assessment order dated 08.03.2015 was held ... product, brand reminder, etc. These articles cannot be reckoned as
freebies given to the doctors. Even the free sample of medicine is only to
prove
distribution of free gifts by the political
parties (popularly known as ‘freebies’). The Dravida Munnetra Kazhagam
(DMK)- Respondent No. 8 herein, while releasing the election ... elected to power, pursuant to their
election manifesto, they started distributing various freebies, which was
also challenged by the very same person – the appellant/petitioner
below:-
"66. Whether expenditure on free offers (with products)
such as freebies like tattoos, cricket cards or similar products,
to trade or consumers (excluding ... artwork or for
payment of royalty charges in respect of such freebies is liable
to FBT?
Ans. Any expenditure (including expenditure on artwork and
royalty
Serum Institute Of India Ltd.,, Pune vs Deputy Commissioner Of Income-Tax,, on 12 October
observed that these expenses were incurred by the
assessee company for providing freebies to medical practitioners and their
professional associations in violation of the regulations ... from inter alia, accepting
gifts, travel facilities, hospitality , cash or monetary grants (freebies) from
the pharmaceutical and allied health sector industries. It was pleaded
that
Board that some pharmaceutical
and allied health sector Industries are providing freebees (freebies) to
medical practitioners and their professional associations in violation of
the regulations ... argument of the assessee that the Circular of the Board speaks
about freebies and the same is not applicable to the case of assessee
