Make My Trip (India) (P.) Ltd. v. DCIT (IT) (2025) 211 ITD 389 / 234 TTJ 153(UR) (Delhi) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Reimbursement of expenditure on account of Employee Stock Option Plan (ESOP) costs incurred by holding company-Allowable as deduction-Revision order is quashed.[S. 37(1)]

Assessee, a subsidiary of a Mauritius based company, was a travel agent and tour operator.  It had claimed deduction on account of reimbursement of expenditure on account of Employee Stock Option Plan (ESOP) costs incurred by holding company.  Assessing Officer had allowed claim of ESOP. Commissioner passed the revision order. On appeal the Tribunal held that  the Assessee had provided complete list of employees, as subscribed to these shares and their current employment status and benefit provided to them and consequent benefit to assessee-company. Revision order is quashed. (AY. 2011-12)

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