Itxa/839/2017 Of The Pr. Commissioner Of Income Tax-9 v. M/S Bunge India Pvt. Ltd

Priya Soparkar 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.839 OF 2017 The Pr. Commissioner of Income Tax-9 V/s. M/s Bunge India Pvt. Ltd. --- Mr.Tejveer Singh Mastan Singh for the Appellant.Mr.Sanjiv M. Shah for the Respondent. --- … Appellant … Respondent CORAM : AKIL KURESHI AND S.J.KATHAWALLA, JJ. DATE : JUNE 03, 2019. P.C.:- 1.Appeal is admitted for consideration of following substantial question of law:- “Whether on the facts and circumstances of thecase and in law, the ITAT was correct in allowingdeduction claimed on account of provision towardsemployee stock option plan?” 2.We notice that the revenue has also questioned the transfer pricing adjustment of an international transaction by the assessee with an associated enterprise and questions were framed in this respect in this appeal. However, in case of this very assessee byseparate order passed today in Income Tax Appeal No.445 of Priya Soparkar 2 2017, we have not entertained these questions. This appeal is therefore confined to above noted substantial question of lawframed. framed. 3.Learned counsel Mr.Shah waived notice. 4.To be heard with Income Tax Appeal No. 1401 of 2014. 5.Registry is directed to communicate a copy of this order tothe Tribunal. This would enable the Tribunal to keep the papersand proceedings relating to the present appeal available, to beproduced when sought for by the Court.the Tribunal. This would enable the Tribunal to keep the papersand proceedings relating to the present appeal available, to beproduced when sought for by the Court. (S.J.KATHAWALLA,J.) (AKIL KURESHI,J.)….….