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    <title>2016 (2) TMI 263 - ITAT MUMBAI</title>
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    <description>The ITAT Mumbai ruled in favor of the assessee, overturning the AO&#039;s disallowance of sales promotion expenses under Section 37(1) and CBDT Circular dated 01-08-2012, as the circular was not applicable to the assessment years 2010-11 and 2011-12. The tribunal held that small gifts bearing the company logo to doctors are advertising expenses, not prohibited gifts, and sponsoring doctors for conferences is legitimate. Regarding forfeiture of warrant application money, the ITAT found that since warrants were converted into shares but the contributions were forfeited, the amount constituted capital receipts, aligning with Supreme Court precedent. The AO&#039;s cited case laws were deemed inapplicable. Lastly, the disallowance under Section 14A read with Rule 8D was dismissed due to absence of exempt income. The appeals were decided entirely in favor of the assessee.</description>
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    <pubDate>Wed, 23 Dec 2015 00:00:00 +0530</pubDate>
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      <title>2016 (2) TMI 263 - ITAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=271558</link>
      <description>The ITAT Mumbai ruled in favor of the assessee, overturning the AO&#039;s disallowance of sales promotion expenses under Section 37(1) and CBDT Circular dated 01-08-2012, as the circular was not applicable to the assessment years 2010-11 and 2011-12. The tribunal held that small gifts bearing the company logo to doctors are advertising expenses, not prohibited gifts, and sponsoring doctors for conferences is legitimate. Regarding forfeiture of warrant application money, the ITAT found that since warrants were converted into shares but the contributions were forfeited, the amount constituted capital receipts, aligning with Supreme Court precedent. The AO&#039;s cited case laws were deemed inapplicable. Lastly, the disallowance under Section 14A read with Rule 8D was dismissed due to absence of exempt income. The appeals were decided entirely in favor of the assessee.</description>
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      <pubDate>Wed, 23 Dec 2015 00:00:00 +0530</pubDate>
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