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TMI Blog2021 (4) TMI 104X X X X Extracts X X X X X X X X Extracts X X X X ..... e be given opportunity of hearing by following principles of natural justice. The appeal of the assessee is partly allowed for statistical purpose. - I.T.A. No. 4133/DEL/2017 - - - Dated:- 23-3-2021 - N. K. Billaiya , Member ( A ) And Suchitra Kamble , Member ( J ) For the Appellant : Himanshu Sinah , Adv. For the Respondents : S. N. A. Najmi , CIT-DR ORDER Per Suchitra Kamble , JM This appeal is filed by the assessee against order dated 18/04/2017 passed by CIT(A)-4 New Delhi for assessment year 2013-14. 2. The grounds of appeal are as under : - 1. NON GRANT OF ADDITIONAL CLAIM FOR DEDUCTION OF ESOP EXPENSES AMOUNTING TO ₹ 55.09.865: 1.1. On the facts and circumstances of the case and in law, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l income of the assessee as per the return of income filed by the assessee. 4. The assessee filed appeal before the CIT(A) in respect of Assessment order dated 9/3/2016 thereby raising the ground of non- grant of additional claim for deduction of ESOP expenses amounting to ₹ 55,09,865/- non grant of set up of brought forward MAT credited and carry forward of balance MAT credit as well as in correct levy of interest u/s. 234B. The CIT(A) partly allowed the appeal of the assessee. Thereby rejecting the additional claim of ESOP expenses claimed by the assessee vide order dated 18/04/2017. 5. The Ld. AR submitted that the additional claim for deduction of ESOP related expenses amounting to ₹ 55,09,865/- should have not been re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... original order of assessment, the Assessing Officer has not taken cognizance of this aspect and the assessee also has not made this claim it is not justifiable on the part of the CIT(A) in rejecting this additional claim. Therefore, we direct the Assessing Officer to examine this claim as per the law and allow these expenses/expenditure in respect of ESOP according to the provisions of law. Needless to say, the assessee be given opportunity of hearing by following principles of natural justice. The appeal of the assessee is partly allowed for statistical purpose. 8. In result, the appeal of the assessee is partly allowed for statistical purpose. Order pronounced in the Open Court in presence of both the parties on this 23rd Day of Mar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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