2018 (5) TMI 2013

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.... the outset, learned AR placed on record the order of the Tribunal in assessee's own case for the A.Y.2011-12 dated 02/04/2018, wherein similar addition made by the AO was deleted by the Tribunal in entirety. 4. We have considered rival contentions and carefully gone through the orders of the authorities below. From the record we found that the assessee is a Private Limited Company. It is engaged in the buying and distribution of pharmaceuticals. The assessee e-filed its Return of Income on 29/11/2012 declaring total income of Rs. 11,93,31,790/-. The learned Dy. Commissioner of Income Tax has disallowed a sum of Rs. 3,28,79,269/- from Sales Promotion expenses. 5. By the impugned order, CIT(A) deleted the part of the disallowance. 6. Agai....

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....ssee has placed reliance upon the law settled in DCIT Vs. PHL Pharma (P.) Ltd. (2017) 163 1TD 10 (Mum. Trib.), macleods Pharmaceutical Ltd. Vs. ADIT (2016) 161 1TD 291 (Mum. Trib.), Syeom formulations India Ltd. (ITA No. 6429/M/2012 (Mum. Trib.) & UCB India Pvt. Ltd. Vs. ITO (ITA No. 6681 & 5454/M/2013) (Mum. Trib.) However, on the other hand, the Ld. Representative of the Department has refuted the said contention. The assessee raised the claim of sale promotion expenses which has been declined fully by the Assessing Officer while passing the order dated 08.03.2014. However, the CIT(A) allowed the claim of the assessee to the extent of Rs. 97,93,9967- which was belonging to the payment made to IADVL New Year of Rs. 31,12,488/-, IADVL of Rs....