CIT (LTU) v. Biocon Ltd. (2021) 430 ITR 151 / 276 Taxman 1 197 DTR 209/ 318 CTR 728 (Karn.)( HC)

S. 37(1) : Business expenditure-Discount on employees Stock Option Plan-Allowable as deduction. [Companies Act, 1956, S. 2(15A)]

Dismissing the appeal of the revenue the Court held that   the deduction of the discount on the employees stock option plan over the vesting period was in accordance with the accounting in the books of account, which had been prepared in accordance with Securities and Exchange Board of India (Employee Stock Option Scheme and Employee Stock Purchase Scheme) Guidelines, 1999. For assessment year 2009-10 onwards the Assessing Officer had permitted the deduction of the employees stock option plan expenses. The Revenue could not be permitted to take a different stand with regard to the assessment year 2004-05. The expenses were deductible. (AY. 2004-05)