2019 (4) TMI 2047 - AT - Income Tax

Disallowance in respect of ESOP scheme - HELD THAT - Respectfully following the order of the Hon ble Delhi High Court in Lemon Tree Hotels Ltd 2014 (7) TMI 165 - ITAT DELHI and in Biocon Ltd. 2013 (8) TMI 629 - ITAT BANGALORE we set aside the order of the Ld. CIT(A) on this issue and direct the Assessing Officer to allow claim of ESOP expenses. - Decided in favour of assessee.

Summary

Issues:
1. Disallowance of amount in ESOP scheme
2. Application of legal precedents in ESOP scheme disallowance
3. Allowance of deduction for ESOP expenses
4. Carry forward and setoff of losses issue

Analysis:

Issue 1: Disallowance of amount in ESOP scheme
The appellant contested the disallowance of a specific amount in the ESOP scheme. The Tribunal noted that a similar issue had been decided in favor of the appellant previously. The Tribunal referred to specific grounds raised by the appellant in the previous case and reiterated that the issue was already decided in favor of the appellant. The Tribunal examined the relevant findings and legal interpretations, ultimately allowing grounds 1 to 3 in favor of the appellant based on judicial precedents and factual circumstances.

Issue 2: Application of legal precedents in ESOP scheme disallowance
The Tribunal analyzed the legal precedents, including the decision in Biocon Ltd., to support the appellant's claim regarding the ESOP scheme expenses. The Tribunal highlighted the reasoning behind allowing the deduction for ESOP expenses, emphasizing that such expenses were considered allowable under section 37 of the Income Tax Act. The Tribunal referred to specific provisions of the Act to support the deduction of ESOP expenses and concluded that the appellant's claim was valid based on the legal interpretations provided by the precedents.

Issue 3: Allowance of deduction for ESOP expenses
Based on the judicial precedents, including the decision of the Hon'ble Delhi High Court in Lemon Tree Hotels Ltd., the Tribunal directed the Assessing Officer to allow the claim of ESOP expenses. The Tribunal emphasized the importance of following legal precedents and set aside the order of the CIT(A) on this issue. The Tribunal allowed the appellant's appeal for the assessment years 2009-10 and 2010-11, as the issues involved were identical and had already been decided in favor of the appellant.

Issue 4: Carry forward and setoff of losses issue
Regarding the carry forward and setoff of losses issue, the Tribunal noted that the CIT(A) had remitted the issue back to the Assessing Officer for verification. The appellant argued that the Assessing Officer had not carried out the verification as directed by the CIT(A). The Tribunal observed that since the issue was already allowed for statistical purposes in favor of the appellant, any further adjudication was unnecessary. Therefore, ground No. 4 was dismissed, and the appeal was partly allowed based on the specific circumstances and legal interpretations presented.