2022 (6) TMI 76

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....being expenditure incurred / paid to doctors in alleged violation of Indian Medical Council Regulation, 2002 was deleted. Further, the learned Assessing Officer was aggrieved with respect to the depreciation and also in computation of eligible income for deduction under section 80IB of the Income Tax Act, 1961 (the Act) with respect to the scrap sold. 02. The learned Assessing Officer has raised following grounds of appeal:- "1. Whether on the facts and in the circumstances of the case and in law, the Ld. CITIA) erred in deleting the payments made u/s 37 of Rs.2,78,26,249/- made to Doctors in alleged violation of India Medical Council Regulations, 2002. The Ld. CIT(A) ignored the fact that such that such payments are illegal in ....

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....(A), who passed order on 11th February, 2020, partly allowing the appeal of the assessee. Therefore, the learned Assessing Officer is aggrieved with the disallowance deleted by learned CIT(A) and hence, preferred this appeal. 04. The ground no. 1 of the appeal is with respect to the deletion of disallowance under section 37(1) of the Act of Rs.2,78,26,249/- incurred for doctors in alleged violation of India Medical Council Regulation, 2002. The learned Assessing Officer found that these expenses have been incurred on various promotional Articles. The learned Assessing Officer noted that Indian Medical Council Regulations with effect from 14th December, 2009 prohibits expenditure towards gift, etc. to the doctors. The view has also been s....

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....e provided to the learned Assessing Officer during the course of assessment proceedings. 09. On careful consideration of the argument of the parties, we find that this issue is squarely covered in favour of the Revenue by the decision of Hon'ble Supreme Court in case of Apex Laboratories Pvt. Ltd.(supra). The Hon'ble Supreme Court has also considered the various decisions which are relied upon by the learned Authorised Representative. However, as the details of such expenses are not available before us, we direct the assessee to submit the details of such expenses within 60 days of this order and then, the learned Assessing Officer after considering the details decide the issue of disallowance as per the order of the Hon'ble ....