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Mumbai ITAT allowed deduction of freebies as MCI regulations not applicable to Pharmaceutical Cos

July 8, 2019[2019] 107 119 (Mumbai - Trib.)

INCOME TAX: Assessee a pharmaceutical company engaged in manufacturing and sales of pharmaceuticals and allied products would be duly entitled to claim sales promotion expenses incurred on distribution of articles to stockists, distributors, dealers, customers and doctors. Circular No. 5/2012 dated 1-8-2012 issued by Central Board of Direct Taxes (CBDT) which cites such expenses as inadmissible as per section 37(1) would not be applicable to assessee. It was observed that as per circular it is the medical practitioners who are prohibited from accepting freebies. There is no restriction whatsoever on the pharmaceutical companies

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