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M/S Apex Laboratories P. Ltd. vs The Deputy Commissioner Of Income Tax ... on 22 February, 2022

The Coordinate Bench, after referring to the CBDT Circular No.5 of 2012 and the decision of the Supreme Court in the case of Apex Laboratories (P) Ltd. (supra), quashed reassessment proceedings on the ground that there is no escapement of income. The Coordinate Bench also noted the CBDT Circular No.5 of 2012 and the decision of the Supreme Court, wherein it is stated that the amendment to Medical Council Regulation with effect from 14 December 2009 would be prospective, i.e. would apply only to those expenses incurred after 14 December 2009 which would be Page 6 of 8 Sayyed 903-WP.860.2016(J).docx relevant for AY 2010-2011. We are concerned with the assessment year 2008-2009.
Supreme Court of India Cites 41 - Cited by 189 - S R Bhat - Full Document

The Commissioner Of Income-Tax vs M/S Kap Scan & Diagnostic Centre Pvt. Ltd on 3 December, 2010

6. Mr. Suresh Kumar, learned counsel for the Respondent, submitted that the Petitioner did not disclose during the assessment proceedings to whom the gifts were given and, therefore, there was a failure on the part of the Petitioner to disclose fully and truly all material facts necessary for the assessment. He relied upon the decision of the Punjab and Haryana High Court in the case of Commissioner of Income-tax vs. Kap Scan and Diagnostic Centre (P.) Ltd. 3 and submitted that the expenses are not allowable and are in violation of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002.
Punjab-Haryana High Court Cites 18 - Cited by 36 - A K Mittal - Full Document
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