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2020 (10) TMI 1201 - AT - Income TaxRevision u/s 263 - prohibition by law within the meaning of Explanation 1 to Sec.37(1) on claiming sales promotion expenses as deduction u/s.37(1) - providing freebies by pharmaceutical companies is a natural corollary violation of the provisions of MCI Regulations, 2002 - HELD THAT:- When the order passed by the Pr.CIT-2, Mumbai, under Sec. 263 of the Act, dated 31.03.2017 had been quashed by the Tribunal, and thus, is no more in existence, therefore, the consequential assessment framed by the A.O under Sec.143(3) r.w.s 263 cannot be sustained and has to meet the same fate. In the backdrop of our aforesaid deliberations, we herein, finding no infirmity in the view taken by the CIT(A) who in our considered opinion had rightly vacated the assessment framed by the A.O under Sec.143(3) r.w.s 263, dated 29.09.2017, therefore, uphold his order. The Ground of appeal No.1 filed by the revenue is dismissed.
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