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TMI Blog2022 (6) TMI 76X X X X Extracts X X X X X X X X Extracts X X X X ..... COURT] as 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 Supreme Court. In the result, ground no. 1 of the appeal is allowed with above direction. Deprecation on expenditure treated as capital in nature - CIT(A) deleted the same holding that in earlier years the learned Assessing Officer has treated various Revenue expenditure claimed by assessee as capital expenditure and disallowed th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t) 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 nature and hence disallowable under the Act. 2. Whether on the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in deleting depreciation on revenue expenditure that had earlier been disallowed during assessment proceedings as being capital in nature since the said issue has not reached final ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7(1) of the Act of ₹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 subscribed by Central Board of Direct Taxes by circular dated 1st August, 2012, wherein such expenditure was held to be not allowable. Hence, he disallowed the above sum incurred on brand reminders and customary gift to doctors. Before the learned CIT(A), assessee submitted that these items do not have any significant valu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he 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 Supreme Court. In the result, ground no. 1 of the appeal is allowed with above direction. 010. Ground no 2 is with respect to deprecation on expenditure treated as capital in nature in earlier assessment year. The learned CIT(A) deleted the same holding that in earlier years the learned Assessing Officer has tr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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