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february 2022

Supreme Court of India · 2022-02-22

M/S APEX LABORATORIES P. LTD. vs THE DEPUTY COMMISSIONER OF INCOME TAX LARGE TAX PAYER UNIT II

Citation / case number
SC 2019/33259
Court
Supreme Court of India
Petitioner
M/S APEX LABORATORIES P. LTD.
Respondent
THE DEPUTY COMMISSIONER OF INCOME TAX LARGE TAX PAYER UNIT II
Author
HON'BLE THE CHIEF JUSTICE
Bench
HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE THE CHIEF JUSTICE

Judgment text excerpt

The Supreme Court upheld the decision of the High Court which affirmed the ITAT's ruling that expenses incurred by Apex Laboratories for distributing incentives to medical practitioners were not eligible as business expenditure under Section 37(1) of the Income Tax Act, 1961. The court referenced a CBDT circular that explicitly stated such expenses are prohibited and thus not deductible. The ruling reinforces the interpretation of business expenditure in light of legal prohibitions.

M/S APEX LABORATORIES P. LTD. vs THE DEPUTY COMMISSIONER OF INCOME TAX LARGE TAX PAYER UNIT II · Niyam