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2017 (10) TMI 52 - ITAT MUMBAITPA - selection of comparable - selection criteria - study of diverse activities - Held that:- Assessee is engaged in providing analytical solutions to its AEs to lower the cost of customer acquisition, to improve brand performances, improve multi dimensional reporting, understand consumer behavior, and many other analytical services, thus companies functionally dissimilar with that of assessee need to be deselected from final list of comparability. Disallowance u/s 37(1) for ESOP compensation expenses - Held that:- The issue now stands covered in favour of the assessee by the decision of Special Bench in the case of Biocon Limited v. DCIT [2013 (8) TMI 629 - ITAT BANGALORE]. No contrary decision of higher judicial forum on the issue of allowability of ESOP expenses has been shown to us. We note that the above decision of the Special Bench is germane and was not before the authorities below. Accordingly, we remit the issue to the file of the Assessing Officer. The Assessing Officer shall consider and quantify the amount allowable as per the decision and guideline mentioned in the decision supra.
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