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2019 (12) TMI 906 - AT - Income TaxAdditions on account of expenditure made on gifts given to doctors and disallowing claim of deductions u/s.35AB(1) and u/s.35(1)(iv) - HELD THAT:- We observe that in assessee’s own case for assessment year 2011-12, the Tribunal had an opportunity to examine this issue and it was brought to the notice of the Tribunal that in assessee’s own case for assessment year 2010-11 [2018 (2) TMI 52 - ITAT PUNE] the matter was decided in favour of the assessee. Thereafter, the Tribunal while deciding this issue for assessment year 2011-12 (supra.) had held that considering rule of consistency, this issue of disallowance of marketing and sales promotion expenses should be allowed in favour of the assessee and that the Circular issued by the Medical Counsel of India read with Circular issued by the CBDT do not cover the Drug making companies like the present assessee. Claim of credit for foreign TDS - HELD THAT:- Decision of Mumbai Bench of the Tribunal in the case of JCIT Vs. Petroleum India International [2008 (9) TMI 398 - ITAT BOMBAY-E] and submitted that identical issue came before the Tribunal and the Tribunal decided the same in favour of the assessee. The Ld. Counsel further placed reliance on the judgment of the Hon’ble Jurisdictional High Court in the case of CIT Vs. Petroleum India International [2013 (2) TMI 99 - BOMBAY HIGH COURT] wherein the Hon’ble High Court has held that the object of section 91(1) is to give relief from taxation in India to extent taxes have been paid abroad for relevant previous year and this relief is not dependent upon payment also being made in previous year. We find the said issue i.e. claim of credit for foreign TDS should be allowed in favour of the assessee.
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