oppn parties Expense On Freebies To Doctors Taxable: Supreme Court

News Snippets

  • Supreme Court rules that functional disability should be the deciding factor in granting road accident damages and not any doctor-issued disability certificate
  • Supreme Court flagged the fact that nearly 56% of the vehicles plying in India were uninsured and asked the government to challan them
  • An Air India flight from Phuket to Delhi encountered severe turbulence and 17 passengers were admitted to hospital with injuries
  • Calcutta HC said that heavens won't fall if Vande Matram is made mandatory to sing in madrasas
  • Kolkata Municipal Corporation has sought government nod for increasing city's wards to 200+ to keep residents in each ward between 16000 to 18000
  • Government has said that partially filled online Census forms may be allowed
  • Government may allow fees on UPI payments above Rs 2000, except on transfer between two individuals
  • Brent crude falls below $80 per barrel
  • Government has increased the LIC offer for sale to Rs 31,400cr with an additional 4% on the block
  • Stock markets become nervous on Tuesday due to Gulf situation: Sensex slides 210 points and Nifty sheds 159 points ahead of RBI MPC meets today
  • Indian cricket team lands in Sri Lanka for a 2-Test series
  • A former French Navy pilot who had alleged that IAF had lost Rafales during Operation Sindoor has been held in France on spying charges
  • An ordinary zari worked living just 100km away from Kolkata was stunned to find Rs 100cr deposited in the bank account. The bank has frozen her account pending enquiry
  • Businessmen in Kolkata gets a Rs 5-crore extortion call, allegedly from the Lawrence Bishnoi gang
  • NTA floats tenders to secure offices and exam materials round-the-clock
Tarun Tejpal, former editor of Tehelka, was sentenced to 10 years in jail by Bombay HC for raping a colleague. This judgment overturns the acquittal by a Goa sessions court
oppn parties
Expense On Freebies To Doctors Taxable: Supreme Court

By Sunil Garodia
First publised on 2022-02-23 13:44:30

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

In 2012, the Central Board of Direct Taxes had issued a circular that disallowed pharmaceuticals and allied health sector companies from claiming freebies they provided to doctors and other medical professionals as claim under Section 37(1) of the I-T Act for business deduction. The pharma and other companies had contested this regularly. But on Tuesday, a division bench of the Supreme Court finally ruled in the matter and said that there will be no tax exemption for such freebies, by whatever name - incentives or business promotion expenses - called.

The court was categorical in saying that "doctors and pharmacists being complementary and supplementary to each other in the medical profession, a comprehensive view must be adopted to regulate their conduct in view of the contemporary statutory regimes and regulations." The court said that the law cannot come to the aid of a party that roots its cause of action in an immoral or illegal act.

The legal position is that although the practice is not illegal under any law, it is specifically prohibited under the Medical Council of India regulations. It is also immoral on part of doctors and other medical professionals to accept such freebies in order to promote the brands of the company.

The Supreme Court was of the view that ideally this practice should stop but even if the companies continued to give such 'incentives' to doctors, it will form a part of their income and they will have to pay applicable taxes under the Income Tax Act. The court upheld the circular issued by the CBDT in 2012 and dismissed the petition.

The medical profession is getting a bad name as doctors prescribe costly medicines by brand name after taking freebies from these companies. Similar and equally efficient medicines are available at lower cost in the market. Once a patient is prescribed a certain brand, he or she, being a layman, fears that the ailment will not be cured if he or she purchases another brand of the same composition. The law to mandate doctors to prescribe medicines by their generic name, although discussed so many times in the past, has been kept on hold for inexplicable reasons.