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Case Law Details

Case Name : PCIT Vs Aristo Pharmaceuticals P Ltd (Bombay High Court)
Appeal Number : Income Tax Appeal No. 1961 of 2017
Date of Judgement/Order : 23/01/2020
Related Assessment Year : 2006-07
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PCIT Vs Aristo Pharmaceuticals P Ltd (Bombay High Court)

Since there was no employer-employee relationship between the assessee on one hand and the doctors on the other hand to whom the free samples were provided, the expenditure incurred for the same cannot be construed as fringe benefits to be brought within the additional tax net by levy of fringe benefit tax.

FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT

1. Heard Mr. Suresh Kumar, learned standing counsel, revenue for the appellant.

2. This appeal under Section 260A of the Income Tax Act, 1961 (“the Act” for short) has been preferred against the order dated 25.1.2017 passed by the Income Tax Appellate Tribunal, Mumbai Bench “A”, Mumbai (“Tribunal” for short) in Income Tax Appeal No. 7899/Mum/2011 for the assessment year 2006-07.

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