accepting gifts, travel
facilities, hospitalities, cash or monetary grants (known as "freebies") from
pharmaceutical and allied health care sector industry ... 2012-ITA.II, dated
01.08.2012 had clarified that such "freebies" shall be inadmissible under
Sec. 37(1) of the Act being an expense
recipients in this regard.The AO observed that the items were freebies which were prohibited
by the Govt. of India.Vide his order sheet noting ... certain
2880/Mum/16.Bayer.
expenses in the form of gift and freebies distribution to the doctors/medical practitioners, that
same were not medicine samples
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
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
Serum Institute Of India Ltd.,, Pune vs Deputy Commissioner Of Income-Tax,, on 12 October
bring to our notice that new expenditure is incurred on freebies
to the doctors. Learned AR also invited our attention to the detailed
documentary proof ... incurred by the staff on
behalf of doctors and accordingly is a freebie which is not allowable in the
light of circular
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
9000 + Rs.l08250) do not
form part of expense incurred towards freebies to doctors.
As per Circular ... 2012-ITA.II) dated
Ol.08.2012 any freebies to doctors is not allowable as
deductible expenditure. As the circular is applicable from
01.08.2012, expenses
