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)
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.
Leave a Reply