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TMI Blog2017 (11) TMI 1860X X X X Extracts X X X X X X X X Extracts X X X X ..... A.M. This is an appeal filed by the Revenue. The relevant assessment year is 2010-11. The appeal is directed against the order of the Commissioner of Income Tax (Appeals)-22, Mumbai and arises out of the order u/s 143(3) of the Income Tax Act 1961, (the 'Act'). 2. The sole ground raised by the Revenue in this appeal is that the Ld. CIT(A) erred in holding that the expenses of Rs. 2,09,72,732/- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ld. CIT(A). We find that the Ld. CIT(A) followed the decision of the ITAT in assessee's own case for the AY 2009-10 and allowed the appeal. 5. Before us, the Ld. DR relies on the order of the AO. On the other hand, the Ld. counsel of the assessee relies on the order of the Ld.CIT(A) and that of ITAT 'A' Bench in the case of the assessee for the AY 2009-10. 6. We have heard the rival submission a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Act. The same view was followed by ITAT Pune Bench in the case of Sandvik Asia Pvt. Ltd. vs. ACIT in ITA No. 1841,1842,2053 & 2054/PN/2012. Respectfully following the decision of the Co-ordinate Benches, we set aside the order of the Ld. CIT(A) and direct the AO to allow the ESOP expenses as revenue expenditure." 7. Facts being similar, we follow the above order of the Co-ordinate Bench a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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