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2022 (11) TMI 1163

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..... tiquettes and Ethics) Regulation Act, 2002 - HELD THAT:- Issue squarely hit by the Explanation 1 to section 37 of the Act. We find that an identical issue was dealt in the case of Apex Laboratories (P.) Ltd. vs. DCIT, [ 2022 (2) TMI 1114 - SUPREME COURT] wherein, the Hon ble Apex Court held that gifting freebies, and payment of referral fees etc. is clearly prohibited by law and cannot be allowed .....

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..... .2021 for the assessment year 2015-16. 2. The appellant raised the following grounds of appeal :- 1. On the facts and circumstances of the case, the Assessing Officer CIT(A) has erred in disallowing the genuine business expenditure. 2. The appellant craves leave to add, alter or amend any of the grounds before or during the hearing of the appeal. 3. Briefly, the facts of the ca .....

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..... s) Regulation Act, 2002. 4. Being aggrieved by the above addition, an appeal was filed before the ld. CIT(A), who vide impugned order confirmed the addition placing reliance on the decision of the Hon ble Punjab Haryana High Court in the case of CIT vs. Kap Scan and Diagnostic Centre (P.) Ltd, 25 Taxman.com 92 (P H). 5. Being aggrieved by the decision of the ld. CIT(A), the appellant is in .....

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..... ited by law and cannot be allowed as deduction u/s 37(1) of the Act. 7. In the light of authoritative pronouncement of law by the Hon ble Supreme Court on the issue on hand, we are of the considered opinion that referral fees paid to doctors and nursing home cannot be allowed as deduction while computing the business income of an assessee. Accordingly, we confirm the orders of the lower authori .....

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