On appeal, the Tribunal held that the expenses were incurred for the general welfare of the public at large. Further, it held that the guidelines issued by the Indian Medical Council were for the purpose of compliance with professional ethics. Such guidelines could not be equated to any legal provision having a statutory force and thus the expense was to be allowed as a business expenditure. (ITA No. 1412/Kol/2016) (AY. 2010-11)
Amit Ghose v. DCIT (2018) 63 ITR 44 (SN) (Kol) ( Trib)
S. 37(1): Business expenditure –Advertisement and publicity expenses were incurred for dissemination of knowledge for public at large, such expenses were to be allowed as business expenditure .