J.S. Reddy, Accountant Member - ITA No. 5328/Del/ 2010 filed by the assessee is directed against the order of the ld. Commissioner of Income Tax (Appeals), Ghaziabad dated 03.09.2010 for the A.Y. 2001-02. ITA No. 5329/Del/2010 is filed against the order of the ld Commissioner of Income Tax (Appeals), Ghaziabad dated 03.09.2010 for the A.Y. 2005-06. In both these appeals, the First Appellate Authority confirmed the order passed by the Assessing Officer under Section 144(1)/ 147 of the I.T. Act for the A.Y. 2001-02 and order under Section 143(3) for the A.Y. 2005-06. ITA No. 5376/Del/2010 is filed against the order of the ld. Commissioner of Income Tax (Appeals), Ghaziabad dated 03.09.2010 wherein he dismissed the appeal of the assessee against an order passed under Section 154 by the Assessing Officer on 21.03.2005 on the ground that the appeal is infructuous.

2. Facts in brief: The assessee is employed with M/s. Adobe Systems (India) Pvt. Ltd. The parent company M/s. Adobe Systems Inc has granted ESOP (Employees Stock Option Plan) to the assessee per terms of the employment. The assessee had sold the stock options in question on various dates. The details are given below:—