AI Drafter 
TaxTMI 
TaxTMI 
2022 (11) TMI 1164
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....er. 2. These appeals are timed by 130 days. The learned Departmental Representative (DR) submits that the impugned orders were passed during Covid-19 pandemic. The Hon'ble Supreme Court of India after taking cognizance of the hardship faced during this unprecedented time had extended the limitation for filing of the appeal by way of general order in the case, Cognizance for Extension of Limitation, In re, reported as 132taxmann.com 123. Hence, there is no delay in filing of the present appeals. We observe that the appeals have been filed within extended period of limitation, therefore, no delay in filing of the appeals. ITA No. 1414/MUM/2022 (A.Y.2013-14) 3. This appeal by the Revenue is against the order of Commissioner of Income ....
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....;ble Income tax Settlement Commission offered the income relevant to the entries found in the name of the assessee" 4) "On the facts and in the circumstances of the case and in law, the learned CIT(A) has erred in allowing the claim of ESOP expenses without appreciating that by issuing shares at below the market price, the assessee company has not incurred any revenue expenditure, rather it resulted in short receipt of share premium which the assessee was otherwise entitled to, on capital account, 5) On the facts and in the circumstances of the case and in law, the learned CIT(A) has erred in allowing the claim of ESOP expenses without appreciating that as the receipt of share premium is not taxable, any short receipt of s....
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....he grounds considered by the Tribunal in preceding assessment years in assessee's own case. 7. We have heard both sides and have examined orders of the authorities below. In ground No. 1 to 3 of appeal, the Revenue has assailed the findings of CIT(A) in deleting the addition on account of unexplained expenditure of Rs.35,28,000/-. We find that similar grounds were raised by the Department in appeal ITA No. 496/MUM/2022 (Supra). The facts germane to the issue are identical except the amount. The Tribunal upheld the findings of the CIT(A), and dismissed the grounds raised in appeal by the Revenue. The relevant extract of the observations by the Co-ordinate Bench are as under: "4.We have heard the rival contentions. We have also pe....
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....ppeal is dismissed." (Emphasized by us) The Revenue has not brought on record any material to show that there is any change in the facts or in nature of transactions in the impugned assessment year. The Commissioner of Income Tax (Appeals) in the impugned order has deleted the addition following its own order for assessment year 2011-12. The CIT(A) has categorically mentioned that the facts are identical in both assessment years. Following the order of Co-ordinate Bench in assessee's own case, ground No. 1 to 3 of appeal by the Revenue are dismissed. 8. In ground No. 4 and 5 of appeal, the Department has assailed the order of CIT(A) in allowing the claim of ESOP expenses. The learned Authorised Representative (AR) submits that the ....
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....hence, the assessee is not entitled for deduction of education cess. In light of above and the statement made by AR of the assessee, the Revenue succeeds on ground No. 6 of the appeal. 11. In the result, appeal of the Revenue is partly allowed. ITA No. 1433/MUM/2022 A.Y. (2011-12) 12. This appeal by the Revenue is against the order of Commissioner of Income Tax (Appeals) 54 Mumbai [hereinafter referred to "the CIT(A)"] dated 20/10/2021 for assessment year 2011-12. 13. We find that, the grounds raised by the Revenue in appeal are identical (except for the amounts) to the grounds raised in appeal in ITA No. 1414/MUM/2022 (Supra). Both sides are unanimous in stating that the addition made in the assessment order are arising out of ....
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....7. In ground No. 5 and 6 of appeal, the Revenue has assailed the order of CIT(A) in allowing the claim of ESOP expenses. The learned AR for the assessee submits that this ground of appeal does not emanate from the additions made in the assessment order passed under section 143(3) read with section 153A of the Act. The learned AR pointed that the issue of ESOP expenses was the subject matter of dispute in respect of the additions made in the original assessment order passed under section 143(3) of the Act, therefore, this ground of the appeal by the Revenue is liable to be dismissed. A perusal of the assessment order dated 18/05/2018 passed under section 143(3) read with section 153A of the Act, reveals that there is no discussion in respect....