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TMI Blog2021 (10) TMI 917X X X X Extracts X X X X X X X X Extracts X X X X ..... y Sri E.I. Sanmathi, Adv.) Respondent : None JUDGMENT S. SUJATHA, J., This appeal is filed by the Revenue under Section 260A of the Income Tax Act, 1961 (for short, 'the Act') assailing the order dated 02.08.2019 passed by the Income Tax Appellate Tribunal, Bengaluru Bench, in ITA. No.937/Bang/2019 relating to the assessment year 2013-14 raising the following substantial question of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of Income Tax (Appeals), wherein the Commissioner followed the decision of the Bangalore Special Bench in the case of BIOCON LIMITED & OTHERS .v. DCIT & OTHERS (2013) 35 Taxman.com 335 and allowed the appeal of the assessee. Aggrieved by the same, the Revenue had preferred an appeal before the Tribunal which came to be dismissed, following the decisions in the cases of (i) BIOCON LIMITED (supra) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and in the circumstances of the case and in law the tribunal was right in holding that the discount on issue of ESOP is allowable deduction in computing the income under the head profits and gains of the business? (ii) Whether on the facts and in the circumstances of the case and in law the tribunal was right in holding that difference between market price of the shares at the time of grant of o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssuing of notice to the respondent would be a futile exercise as the issue involved herein is squarely covered by the judgment referred to supra. 8. In view of the decision taken on the merits of the case, as aforesaid, no prejudice would be caused to the assessee in condoning the delay of 8 days in filing the appeal. Delay is condoned. Accordingly, I.A.No.1/2020 is allowed. 9. For the fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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