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TMI Blog2016 (6) TMI 1481X X X X Extracts X X X X X X X X Extracts X X X X ..... ORDER PER S.V. MEHROTRA, A.M: 1. This is revenue's appeal against the order dated 12.12.2013 passed by the ld. CIT(A)-XV, New Delhi in appeal no. 188/2013-14 relating to AY 2010-11. 2. Sole effective ground taken by the Revenue is as under: "On the facts and circumstances of the case and in law, the CIT(A) has erred in deleting the addition of Rs. 75,65,000/- made by disallowing compensati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 75,65,000/- as Employees Stock Option Scheme Compensation as per SEBI under Securities and Exchange Board of India Guidelines 1999. The company calculates the compensation based on intrinsic value method and accordingly, the excess if any of the market price of the underlying equity shares as the date of grant of the option over the exercise price of the option is recognized as employee compensat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s in earlier years. We find that the Tribunal in para 3 of its order dated 31.7.2015 in ITA nos. 1896, 2444 & 2445/Del/2013, has observed as under: "3. We have heard the rival submissions and perused the relevant material on record. At the outset, we find that similar issue came up for consideration before the Special Bench of the Tribunal in Biocon Ltd. Vs. DCIT (2013) 144 ITD 21 (Bang.) (SB). ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng with the subsequent adjustment to discount, the Special Bench laid down that any adjustment to income is called for at the time of exercise of option by the amount of difference in the amount of discount calculated with reference to the market price at the time of grant of option and market price at the time of exercise of option". 8. Facts of the case for the present year being identical as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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