DCIT v. CBRE South Asia (P.) Ltd. (2024) 207 ITD 249 (Delhi) (Trib.)

S.37(1): Business expenditure-Employee Stock Option (ESOP)-Disallowance is deleted.

Assessee-company claimed expense of certain amount on account of Employee Stock Option (ESOP). Assessee contended that shares of parent company in USA had been allotted as ESOP to assessee’s employees in India and assessee had paid for these stocks options to parent company.  Assessing Officer disallowed expense on ESOP on ground that it was notional and contingent in nature.  On appeal the  Tribunal held that  supporting invoices from assessee’s parent entity were placed on record before Assessing Officer to substantiate that expenses were actually incurred by assessee. Accordingly ESOP expenses  is allowable as deduction. (AY. 2018-19)

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