ESOP expense to acquire share of parent company allowed when actual payment done to parent company

International Travel House Limited Vs ACIT (ITAT Delhi)

ITAT Delhi held that ESOP expenditure to acquire shares of parent company is allowable as and when the expenditure is paid by the assessee to the parent company. Actual payment of the expenditure and time of expenditure needs to be verified

Facts-

The assessee claimed an expenditure of Rs.2,58,48,144/- in its revised return as expenditure incurred on share based payments to employees on account of providing an option to the employees to purchase shares of ITC Ltd. during the year under reference. AO concluded that the assessee has booked the expenditure incurred on behalf of third parties in its books of account.

CIT(A) concluded that in the instant case, it is not the assessee which is offering ESOPs to its employees but the parent company which holds interest in the assessee through another subsidiary.

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