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2023 (6) TMI 1117 - ITAT MUMBAI.Fresh claim by filing revised return of income - Disallowance of unamortized brokerage expenses - HELD THAT:- As per the decision rendered in the case of Goetze (India) P Ltd [2006 (3) TMI 75 - SUPREME COURT] the assessee can make fresh claim by filing revised return of income. Even if the revised return of income is not filed, Tribunal can admit any fresh claim. In the instant case, the assessee has claimed the deduction of unamortized brokerage expenses through revised return of income. Hence, we are of the view that the said claim was rightly made by the assessee. Whether the assessee can make a claim, which is against the accounting policy followed by the assessee in the books of account? - In the instant case, there is no dispute that the upfront brokerage expenses were incurred during the year under consideration and it was revenue expenditure. Hence, the assessee could claim entire expenditure as deduction in the current year itself. Since the assessee was following a particular method of accounting in the books of accounts with regard to the above said expenditure, it has been claiming deduction in that method in the return of income also. As per the decision rendered in the case of Taparia Tools Ltd [2015 (3) TMI 853 - SUPREME COURT] the same would not preclude the assessee from claiming entire expenditure in the current year itself. CIT(A) was correct in law in deleting this disallowance and accordingly, we uphold the decision rendered by CIT(A) on this issue. Disallowance of ESOP expenses - HELD THAT:- As the assessee is actually incurring expenses in purchasing shares of M/s Deutsche Bank AG. This is purchased as per the employee welfare scheme as per the agreement entered with the concerned employee. The deduction is claimed when the right is vested upon the employee. It is held in the case of Biocon Ltd [2013 (8) TMI 629 - ITAT BANGALORE] that deduction can be claimed in the year of vesting. It can be noticed that it is a staff welfare expenditure incurred by the assessee and further, it is stated that the assessee has deducted TDS also thereon. No impediment in allowing this expenditure as deduction. Accordingly, we uphold the decision rendered by Ld CIT(A) on this issue.
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