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Corporate TaxArticle·9 April 2026

ESOP Deduction Validity

By J the App

Executive Summary

In a decisive reiteration of settled law, the Bangalore ITAT has upheld the deductibility of ESOP expenditure as employee compensation, dismissing Revenue’s attempt to re-characterize it as notional or capital.

The Tribunal emphasized judicial discipline, noting that once jurisdictional High Court authority settles the issue, pendency before the Supreme Court does not justify continued litigation at the assessment level.

Issues for Determination

The central controversy revolved around whether ESOP discount constitutes a deductible revenue expe...

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