Medley Pharmaceuticals Ltd. v. DCIT (2020) 184 ITD 8 / 207 TTJ 143 (Mum.)(Trib.)

S. 147 : Reassessment-Sales promotion expenses-No new information-Reassessment is held to be bad in law. [S. 37(1), 148]

Assessing Officer while framing regular assessment under section 143(3), had consciously formed an opinion that out of sales promotion expenses incurred by assessee pharma company, only those expenses incurred for giving gifts to doctors were liable to be disallowed under section 37(1) as per Indian Medical Council Regulations and CBDT Circular No. 5/2012, dated 1-8-2012. On appeal the Tribunal held that where reassessment was initiated by Assessing Officer, not on basis of any fresh tangible material or any new information which had came to his notice subsequent to culmination of original assessment proceedings, but on basis of same set of facts as were there before his predecessor at time of framing of regular assessment, same was to be quashed.  (AY. 2012-13)