Emcure Pharmaceuticals Ltd. v. Dy.CIT (2018) 62 ITR 744 (Pune)(Trib.)

S.37(1) : Business expenditure — Freebies to Doctors – Advertisement and sales promotion expenses incurred by the Pharmaceutical company cannot be disallowed , on the basis circulars by Medical Council of India.

The Circular issued by the CBDT enlarging the scope of disallowance to the pharmaceutical companies was without any enabling notification or Circular of the Medical Council of India. Therefore a pharmaceutical company is outside the scope of the circular by the Medical Council of India or the CBDT, therefore expenditure on advertisement and sale promotion is allowable as business expenditure . ( AY. 2010-11).