TMI Blog2018 (5) TMI 2013X X X X Extracts X X X X X X X X Extracts X X X X ..... A.M): These are the cross appeals filed by assessee and revenue against the order of CIT(A)-16, Mumbai dated 28/12/2015 for the A.Y.2012-13 in the matter of order passed u/s.143(3) of the IT Act. 2. Grievance of assessee and revenue relates to disallowance of expenditure incurred on sales promotion. 3. At the outset, learned AR placed on record the order of the Tribunal in assessee s own case for the A.Y.2011-12 dated 02/04/2018, wherein similar addition made by the AO was deleted by the Tribunal in entirety. 4. We have considered rival contentions and carefully gone through the orders of the authorities below. From the record we found that the assessee is a Private Limited Company. It is engaged in the buying and distribution ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t assessment year is the A.Y, of 2011-12 and the Circular No.5 of 2012 dated 01.08.2012 issued by the Central Board of Direct Taxes, New Delhi vide F.No.225/142/20120-JTA-l 1 is prospective in nature and is not liable to be applicable in the case of the assessee retrospectively. In this regard, the Ld. Representative of the assessee has placed reliance upon the law settled in DCIT Vs. PHL Pharma (P.) Ltd. (2017) 163 1TD 10 (Mum. Trib.), macleods Pharmaceutical Ltd. Vs. ADIT (2016) 161 1TD 291 (Mum. Trib.), Syeom formulations India Ltd. (ITA No. 6429/M/2012 (Mum. Trib.) UCB India Pvt. Ltd. Vs. ITO (ITA No. 6681 5454/M/2013) (Mum. Trib.) However, on the other hand, the Ld. Representative of the Department has refuted the said contentio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 01.08.2012 is concerned, we are of the view that the same is not applicable retrospectively and in this regard we are also finding support in law settled in DCIT Vs, PHL Pharma (P.) Ltd. (2017) 163 ITD 10 (Mum. Trib.), macleods Pharmaceutical Ltd. Vs. ADIT (2016) 161 ITD 291 (Mum. Trib.), Syeom formulations India Ltd. (ITA No. 6429/M/2012 (Mum. Trib.) UCB India Pvt. Ltd. Vs. ITO (ITA No. 6681 5454/M/2013) (Mum. Trib.), Accordingly, we are of the view that the expenses are allowable, therefore, we decide this issue in favour of the assessee against the revenue 7. The facts and circumstances during the year under consideration are same and the CBDT Circular No.5/2012 dated 01/08/2012 is prospective in nature, therefore, not appli ..... X X X X Extracts X X X X X X X X Extracts X X X X
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