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The ITAT held that expenses reimbursed by the appellant towards ESOP and ISOP, originating from its foreign holding company, are allowable as revenue expenditure under section 37(1). The tribunal rejected the AO's disallowance, noting that the expenditure was incurred in the relevant previous year, supported by cross-charge invoices, foreign remittance records, and TDS deductions. The appellant did not issue shares or receive any capital advantage, negating the argument that the expenditure was capital in nature. Reliance was placed on binding precedents affirming the allowance of business-driven expenses aimed at employee retention and organisational growth. The tribunal concluded that the ESOP and ISOP costs represent genuine, substantiated business expenses, and the disallowance was therefore unsustainable, ruling in favor of the assessee.
The ITAT held that expenses reimbursed by the appellant towards ESOP and ISOP, originating from its foreign holding company, are allowable as revenue expenditure under section 37(1). The tribunal rejected the AO's disallowance, noting that the expenditure was incurred in the relevant previous year, supported by cross-charge invoices, foreign remittance records, and TDS deductions. The appellant did not issue shares or receive any capital advantage, negating the argument that the expenditure was capital in nature. Reliance was placed on binding precedents affirming the allowance of business-driven expenses aimed at employee retention and organisational growth. The tribunal concluded that the ESOP and ISOP costs represent genuine, substantiated business expenses, and the disallowance was therefore unsustainable, ruling in favor of the assessee.
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