Dy. CIT v. CBRE South Asia (P.) Ltd [2024] 163 taxmann.com 256 (Delhi)(Trib.)

S. 37(1) : Business expenditure-Employee Stock Option (ESOP)-Allowable as business expenditure.

The assessee company is  engaged in the business of providing services in the area of real estate related consultancy, site management, professional advisory, project management. The assessee claimed expense of certain amount on account of Employee Stock Option (ESOP). Assessee submitted supporting invoices from assessee’s parent entity were also placed on record by assessee to substantiate that expenses were actually incurred by assessee, impugned ESOP expenses incurred by assessee could not be disallowed as deduction under section 37(1) holding same to be notional and contingent in nature.   (AY. 2018-19)