deduction u/s 37(1) for expenses incurred on providing freebies to
doctors, had disallowed the assessee‟s claim for expenses insofar the
same related ... amended IMC Regulations, a doctor shall not receive
any freebies in the form of gifts, travel facility, hospitality, and cash or
monetary grants from
that the
expenses incurred by the assessee towards giving various freebies to
doctors for promotion of its business was inadmissible under
Zaggle Prepaid Ocean Services Pvt. Ltd vs Freebie Solutions Pvt. Ltd. And Ors on 14 October, 2020
Author: A. K. Menon
Bench: A. K. Menon
erred in holding that when the receipt of freebies is an
offence and/or prohibited by law in the hands of doctors, the payment thereof ... without
appreciating the fact that the expenditure was incurred for providing freebies to
medical practitioners and their professional associates in violation of regulation
issued
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
Revenue has challenged the deletion of
disallowance of expenditure incurred towards gifts/freebies given to
the doctors.
18. Brief facts are, in the course ... light of decisions relied upon. Undisputedly, the
expenditure incurred towards providing gifts/freebies to
doctors/medical professionals was disallowed by the Assessing Officer
purely
without appreciating the fact that providing freebies by pharmaceutical
companies is a natural corollary violation of the provisions of MCI Regulations, 2002."
2. Briefly ... claim of sales
promotion expenses loosing sight of the fact that freebies expenses booked
by the assessee being in clear violation of the provisions
addition of Rs.2,96,41,408/- towards sales promotion
expenses being freebies and sponsorship given to doctors and
marketing personnel. Thereafter ... consequently, no disallowances could be made
towards sales promotion expenses being freebies given to doctors
2016, and on the
common issue of expenditure incurred on gift, freebies given to
Doctors and medical professionals. He submitted, while deciding the
aforesaid issue ... common issue of disallowance of expenditure incurred towards
gifts and freebies given to Doctors and medical professionals. While
deciding the issue in the assessment year
Secondly,
receipt of excess forms on account of inclusion of value of
freebies, free samples etc. by receiving state while issuing
the F Forms
