Novo Nordisk India P. Ltd. v. DCIT

42 Taxmann.com 168Income Tax Appellate Tribunal2014#3432 most cited

What is Novo Nordisk India P. Ltd. v. DCIT authority for?

ESOP cross-charge expenses are allowable as a deduction under Section 37 of the Income Tax Act. The difference between the fair market value of shares and the price at which they are issued to employees of an Indian associated enterprise constitutes an ascertained liability that is revenue in character.

35

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2015 to 2025.

Also referred to as

Novo Nordisk India Pvt Ltd v DCIT · Section 37 · ESOP expenses · share-based compensation · cross charge expenses · ascertained liability · revenue expenditure · ITAT Bangalore

Issues it is cited on

Judgments citing Novo Nordisk India P. Ltd. v. DCIT

M/S NORTHERN OPERATING SERVICES PRIVATE LIMITED ,BANGALORE vs. JOINT COMMISSIONER OF INCOME TAX (JCIT) SPECIAL RANGE-5 , BANGALORE

In the result, the appeal filed by the assessee is partly allowed

ITA 2943/BANG/2018[2014-15]Status: DisposedITAT Bangalore01 May 2023AY 2014-15

Bench: Shri George George K, Jm & Shri Laxmi Prasad Sahu, Am It(Tp)A No.2943/Bang/2018 : Asst.Year 2014-2015 M/S.Northern Operating Services The Joint Commissioner Of Private Limited, 2Nd Floor, Income-Tax, Special Range 5 V. Rmz Ecospace, Campus 1C Bangalore. Sarjapur Outer Ring Road Bellandur Village, Varthur Hobli Bangalore – 560 103. Pan : Aaccn1652J. (Appellant) (Respondent) Appellant By : Sri.Ankur Pai, Advocate Respondent By : Sri.Sunil Kumar Singh, Cit-Dr Date Of Pronouncement : 01.05.2023 Date Of Hearing : 01.05.2023 O R D E R Per George George K, Jm : This Appeal At The Instance Of The Assessee Is Directed Against Final Assessment Order Dated 30.08.2018 Passed U/S 143(3) R.W.S. 144C(13) Of The Income-Tax Act, 1961 (“The Act” For Short). The Relevant Assessment Year Is 2014-2015. 2. The Brief Facts Of The Case Are As Follows: The Assessee Is A Company Engaged In The Business Of Providing Transaction Based Business Process Outsourcing Services To Its Group Companies. For The Assessment Year 2014-2015, The Return Of Income Was Filed On 28.11.2014 Declaring Income Of Rs.68,09,26,340. The Case Was Selected For Scrutiny & Notice U/S 143(2) Of The Act Was Issued On 29.08.2015. During The Course Of Assessment Proceedings

For Appellant: Sri.Ankur Pai, AdvocateFor Respondent: Sri.Sunil Kumar Singh, CIT-DR
Section 143(2)Section 143(3)Section 17(2)(iv)Section 37Section 92C

…IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES “B”, BANGALORE Before Shri George George K, JM & Shri Laxmi Prasad Sahu, AM IT(TP)A No.2943/Bang/2018 : Asst.Year 2014-2015 M/s.Northern Operating Services The Joint Commissioner of Private Limited, 2nd Floor, Income-tax, Special Range 5 v. RMZ Ecospace, Campus 1C Bangalore. Sarjapur Outer Ring Road Bellandur Village, Varthur Hobli Bangalore – 560 103. PAN : AACCN1652J. (Appellant) (Respondent) Appellant by : Sri.Ankur Pai, Advocate Respondent by : Sri.Sunil Kumar Singh, CIT-DR Date of Pronouncement : 01.05.2023 Date of Hearing : 01.05.2023 O R D E R Per Geo…

M/S. TE CONNECTIVITY SERVICES INDIA PRIVATE LIMITED,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-7(1)(1), BANGALORE

In the result, the appeal by the assessee is partly allowed

ITA 191/BANG/2022[2017-18]Status: DisposedITAT Bangalore16 Sept 2022AY 2017-18

Bench: Shri N. V. Vasudevan & Ms. Padmavathy Sit(Tp)A No.191/Bang/2022 Assessment Year : 2017-18 M/S. Te Connectivity Services India Private Vs. National Faceless Assessment Centre, Limited, Delhi. 59/2, 1St Floor, Gurudas Heritage, Block-B, 100 Feet Ring Road, Banashankari 2Nd Stage, Bengaluru – 560 070. Pan: Aafct 3474 R Appellant Respondent Assessee By : Shri. Sriram Seshadri, Ca Revenue By : Dr. Manjunath Karkihalli, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 14.09.2022 Date Of Pronouncement : 16.09.2022 O R D E R Per N. V. Vasudevan:

For Appellant: Shri. Sriram Seshadri, CAFor Respondent: Dr. Manjunath Karkihalli, CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 144BSection 92Section 92C

…decisions rendered by various other High Courts/Tribunal, viz., Decision Forum PVP Ventures Ltd. 23 High Court, Madras Taxmann.com 286 (Mad) Lemon Tree Hotels Ltd 2015 (11 High Court, Delhi TMI 40 (Delhi) Novo Nordisk India Private Tribunal, Bangalore Limited 63 SOT 242 (Trib.-Bang) 29. Learned DR, however, placed reliance on the directions of the DRP in which the DRP referred to the fact that there was a view expressed in some decisions that ESOP expenses are not allowable as deduction. The decisions referred to in this regard were that of the Delhi ITAT in the case of ACIT Vs. Ranbaxy Laboratories ITA No 2613…

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Novo Nordisk India P. Ltd. v. DCIT (42 Taxmann.com 168) — Cited in 35 Judgments | BharatTax