Tax Implications of Foreign ESOPs to expatriate employee of foreign company In India

In the case on hand, the issue of tax ability of stock option is not in dispute as the assessee himself has offered the same to tax while filing his return of income. The only issue is the amount that can be brought  to tax in India.

In this case it is not in dispute that the assessee was in India only for a short period i.e. 1.4.2006 on wards and that prior to it, he has not done any service connected with any activity in India. Thus applying the propositions laid down in these cases, to the facts of the case on hand, as the assessee has not rendered service in India for the whole grant period, only such proportion of the ESOP perquisite as is relatable to the service rendered by the assessee in India is taxable in  India

INCOME TAX APPELLATE TRIBUNAL

DELHI BENCHES : “F” NEW DELHI

BEFORE SHRI R.P.TOLANI, JM

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