2018 (1) TMI 846

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....U : JM The Revenue has filed this Appeal against the impugned Order dated 31.5.2016 of the Ld. CIT(A)-23, New Delhi relevant to assessment year 2013-14. 2. The grounds raised in this Appeal read as under:- 1. The Ld. CIT(A) has erred in law and on facts of the case in allowing the appellant relief of Rs. 5,82,70,308/- against the disallowance made by the AO on account of ESOPs expen....

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....pon the Order of the AO and reiterated the contentions raised in the grounds of appeal. 5. In this case, Notice of hearing to the assessee was sent by the Registered AD post, in spite of the same, assessee, nor its authorized representative appeared to prosecute the matter in dispute, nor filed any application for adjournment. Keeping in view the facts and circumstances of the present case and ....

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.... deleted the similar addition by following the ITAT order in assessee's own case by observing as under:- "I have examined the records of the appellant, the replies given by Ld. AR as above and factually verified its claims. The expenditure on ESOPs has been claimed on the basis of ascertained . liability by the appellant, and has been held to be allowable expenditure by the Special Bench ....

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.....11.2010 and confirmed in appeal by Ld.CIT(A) vide order dated 21.11.2011. The order of ITAT prevails in the same matter in issue in this assessment also." 6.1 We further note that the facts of the matter are similar to that of the preceding AYs 2008-09 to 2012-13 which have been decided in favour of the assessee. In fact the amortization of expenses, being the cost of the discounted value of s....