TMI Blog2021 (10) TMI 917X X X X Extracts X X X X X X X X Extracts X X X X ..... owed the decision of the Bangalore Special Bench in the case of BIOCON LIMITED OTHERS .v. DCIT OTHERS [ 2013 (8) TMI 629 - ITAT BANGALORE ] and allowed the appeal of the assessee. - I.T.A.No.180/2021 - - - Dated:- 14-9-2021 - HON BLE MRS.JUSTICE S. SUJATHA AND HON BLE MR. JUSTICE RAVI V. HOSMANI Appellants (By Sri E.I. Sanmathi, Adv.) Respondent : None JUDGMENT S. SUJA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on declaring a total income of ₹ 18,19,92,070/-. The Assessing Officer passed an order under Section 143(3) of the said Act and disallowed the claim made towards Employees Stock Option Plan (ESOP) expenditure under Section 37(1) of the said Act. 3. Being aggrieved, by the said order, the assesee filed an appeal before the Commissioner of Income Tax (Appeals), wherein the Commissioner foll ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h of the Tribunal in the case of BIOCON LIMITED (supra) has been dismissed by this court, answering the substantial questions of law against the Revenue and in favour of the assessee. The substantial questions of law that fell for consideration in ITA. No.653/2013 [(2020) 430 ITR 0151] is quoted hereunder for ready reference: (i) Whether on the facts and in the circumstances of the case a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is contingent and recorded perverse finding? 6. The substantial question of law now raised by the Revenue being identical to the substantial questions of law considered in ITA.653/2013 (decided on 11.11.2020), we have no hesitation to dispose of this appeal in terms of the said findings of the co-ordinate Bench. 7. Accordingly, we are of the opinion that issuing of notice to the responde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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