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Case Law Details

Case Name : Sanjay Baweja Vs DCIT (Delhi High Court)
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Sanjay Baweja Vs DCIT (Delhi High Court)

In a recent judgment, the Delhi High Court provided clarity on the tax treatment of one-time voluntary payments made in lieu of Employee Stock Option Plans (ESOPs). The case, titled Sanjay Baweja Vs DCIT, involved an ex-employee of Flipkart Internet Private Limited (FIPL) challenging the tax authority’s decision to treat a compensation payment from the employer’s foreign parent company as a part of his salary under the Income Tax Act, 1961.

Background:

Sanjay Baweja, the petitioner, was an

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3 Comments

  1. Gaurav kishore says:

    I also wanted to understand.
    Has anyone able to conclude under which section we can report the earning paid out.
    please share

  2. Mukul Agarwal says:

    Hi Team,
    Thank you for this article. I have similar situation where I am am ex employee of Flipkart. I received voluntary payment from Flipkart in lieu of shares vested to me.
    TDS of 30% was applied to the payout.

    Flipkart has not provided any Form 16 for the payment made.

    I wanted to understand how do I claim refund for the tax deducted.

  3. Shshank Saurav says:

    Hi Sandeep,

    What is the taxability of this receipt in view of section 56(2)(xi) of IT Act, 1961. This clause was inserted in 2018 budget.

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