holding that refund of Rs.37,98,20,369/- made to
NPPA is an amount which is hit by the explanation 1 of section ... also
engaged in the manufacturing of drugs, was selling scheduled drugs. The NPPA
which is a Government authority is responsible for implementation of the
provisions
correct in holding that the price overcharged as per NPPA is
allowable following the decision of the Hon'ble ITAT in the assessee ... 2001) which held that the price
overcharged as per NPPA does not have the character of penalty for violation
of law."
2. The appellant
relation to the excess prices charged by the assessee.
The NPPA vide order dated 7.08.2003 had directed the assessee to
refund the excess price charged ... interest,
the same had been levied in the same order of NPPA dated 7.8.2003
and it also had the same character as that of principal
Johnson & Johnson Ltd, vs Department Of Income Tax
आयकर अपील य अ धकरण,
धकरण
crore which was made on account of payment made to (NPPA) National
Pharmaceutical Price Authority by the Assessing Officer has been deleted by the Tribunal
