Sunflower Pharmacy. v. ITO (2023) 203 ITD 623 / 107 ITR 30 (SN (Ahd) (Trib)

S.37(1) : Business expenditure-Business of trading of drugs and medicines-Commission paid two doctors-Not allowable as deduction.

Held that payments made by assessee to doctors qualified as commission paid for promoting sale of medicines, in view of CBDT Circular No. 5 of 2012, dated 1-8-2012 read with Explanation 1 to section 37(1), payments were not allowable under section 37(1). Principle of tax neutrality would not apply in cases payments have been held to be illegal or are prohibited by law.  (AY. 2013-14)