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ESOP Tax Relief for Employees of Startup Registered Companies

Company Law : This article explains how ESOP taxation works and highlights the deferral benefit for eligible startup employees. It clarifies tha...

April 28, 2026 540 Views 0 comment Print

Beyond Salary: How ESOPs are Fueling the New Indian Dream

Company Law : ESOPs are transforming careers by linking income to company growth. The key takeaway is that equity can create significant wealth ...

April 6, 2026 270 Views 0 comment Print

ESOP Taxation in India: A Complete Guide to Perquisites, Capital Gains & Startup Relief

Income Tax : ESOPs are taxed twice under Indian tax law—first as salary at the time of exercise and later as capital gains when shares are so...

March 11, 2026 1755 Views 0 comment Print

SEBI Disclosure Framework for ESOPs and SARs: A Comprehensive Overview

SEBI : SEBI’s March 2025 circular requires listed companies to disclose total shares on a fully diluted basis, including ESOPs and conv...

February 14, 2026 813 Views 0 comment Print

Taxation of Employee Stock Option Plans (ESOPs) under Income-Tax Act, 1961

Income Tax : ESOPs are taxed twice—first as salary perquisite at exercise and later as capital gains on sale. Understanding valuation rules a...

February 14, 2026 1413 Views 0 comment Print


Latest News


Budget 2024: Amendment to Section 47 on Capital Asset Transfers

Income Tax : From April 1, 2025, Section 47 will exclude transfers of capital assets under gifts or wills from capital gains tax, with specific...

July 24, 2024 3096 Views 0 comment Print

Register for Live Webinar: Advance insights into Share based Payments Taxation

Income Tax : Delve into complex tax implications of ESOPs, Sweat Equity, CSOPs, Phantom Shares, and Stock Appreciation Rights in our live webin...

January 17, 2024 4751 Views 1 comment Print

Tax on ESOPs should be only at the point of sale of shares by employees

Income Tax : The section states that ESOPs issued free of cost or at concessional rates will be taxed on the date of exercise on the differenc...

January 24, 2018 2760 Views 0 comment Print


Latest Judiciary


Section 14A Disallowance Restricted to Exempt-Income Investments; ESOP Expense Allowed

Income Tax : Tribunal rules that Section 14A disallowance must be limited to investments yielding exempt income and orders recomputation under ...

April 16, 2026 327 Views 0 comment Print

ESOP Discount Allowed as Revenue Expense: ITAT rejects Notional Loss Claim

Income Tax : The Tribunal upheld deduction of ESOP expenses, relying on earlier decisions in the same case. It ruled that no change in facts ju...

April 14, 2026 261 Views 0 comment Print

₹903 Crore ESOP Expenditure Allowed as Business Expense Due to Binding HC Ruling

Income Tax : The Tribunal upheld deduction of ESOP expenses under Section 37(1) by relying on binding jurisdictional High Court precedent. It r...

April 10, 2026 429 Views 0 comment Print

ESOP Discount Allowable as Business Expenditure; ITAT Follows Karnataka HC, Revenue Appeal Dismissed

Income Tax : The Tribunal upheld that ESOP discount is a valid business expense under Section 37(1), rejecting the view that it is notional or ...

April 1, 2026 300 Views 0 comment Print

ESOP cost is revenue, not capital: ITAT allows ₹721 Cr deduction

Income Tax : The Tribunal held that ESOP costs are employee compensation and qualify as revenue expenditure. Disallowance treating them as capi...

March 27, 2026 1065 Views 0 comment Print


Latest Notifications


SEBI (Share Based Employee Benefits and Sweat Equity) (Second Amendment) Regulations, 2025

SEBI : New SEBI amendment mandates valuation of employee share benefit schemes only by independent registered valuers, phasing out mercha...

December 3, 2025 2172 Views 0 comment Print

GST on ESOP/ESPP/RSU provided through overseas holding company

Goods and Services Tax : CGST Circular 213/07/2024 clarifies GST applicability on ESOP/ESPP/RSU provided by foreign holding companies to Indian subsidiarie...

June 26, 2024 2385 Views 0 comment Print

MCA Imposes Penalty for Non-Disclosure of ESOP in Explanatory Statement

Company Law : The Ministry of Corporate Affairs penalizes WURKNET PRIVATE LIMITED for violating Companies Act, 2013 by not disclosing ESOP detai...

November 17, 2023 3318 Views 0 comment Print

Penalty imposed for not taking approval of shareholders for ESOP exceeding 1% of issued capital

Company Law : Company at its Board Meeting convened on 05.04.2021 unanimously accorded its approval for grant of 327 options under the Scheme to...

March 9, 2023 6402 Views 2 comments Print

ESOP can be granted by company to Doctors exclusively employed with subsidiary

SEBI : Q. Upon listing of the Company, will it be permissible, as per the SEBI SBEB & SE Regulations, for stock options to be granted...

October 19, 2022 5154 Views 0 comment Print


Profit margin forgone by assessee could not be held as expenditure for creating intangible or goodwill

March 29, 2023 1512 Views 0 comment Print

The profit margin forgone by assessee could not be held to be expenditure in creating intangible or goodwill as there was no expenditure incurred by assessee except those that were set out in the profit and loss account and disallowing such expenditure by AO and consequently arriving at a positive total income chargeable to tax was without any basis and not in accordance with law.

ESOP expenditure and their allowability in Income Tax

March 18, 2023 6960 Views 0 comment Print

Understand the tax treatment of ESOPs: ESOP expenses can be deducted if incurred for employees’ benefit, as affirmed by various court cases.

ESOP expenditure is allowable under section 37(1) of Income Tax Act

March 16, 2023 19425 Views 0 comment Print

ITAT Delhi held that ESOP (Employees Stock Option) expense is allowable expense under section 37(1) of the Income Tax Act in computing the income in profit and loss of business or profession.

TDS on RSU on Vesting & Capital Gains Tax on Sale of Vested RSU – A CRITIQUE

March 15, 2023 35034 Views 2 comments Print

Presently RSU (Restricted stock unit also known as Sweat Equity) allotted by a foreign grand parent company, free of cost to employee of Indian subsidiary, is being taxed as ‘perquisite’; and for the purpose, the FMV of the ‘vested units’, as on the date of vesting, is considered as the taxable perquisite value.

Penalty imposed for not taking approval of shareholders for ESOP exceeding 1% of issued capital

March 9, 2023 6402 Views 2 comments Print

Company at its Board Meeting convened on 05.04.2021 unanimously accorded its approval for grant of 327 options under the Scheme to identified employees during the Financial Year-2021-2022 which exceeds 1% of the issued capital of the company.

ESOP expense incurred wholly & exclusively for business is eligible for deduction u/s 37

February 25, 2023 2469 Views 0 comment Print

ITAT Bangalore held that expenditure towards ESOP is wholly and exclusively for the purpose of business and it satisfies all the conditions referred to in section 37(1). Accordingly, expenditure towards ESOP is eligible for deduction u/s 37 of the Income Tax Act.

ESOP Compliance Checklist by Listed Companies

February 14, 2023 6882 Views 0 comment Print

Save time and money with this ESOP Compliance Checklist for Listed Companies. Follow this comprehensive checklist to ensure steady compliance with SEBI regulations.

Procedure for Issue of ESOP by Private Companies

February 13, 2023 81771 Views 6 comments Print

Hear all you need to know about Employees Stock Option Scheme for private companies, with procedure & details as per section 2 (37) of the Companies Act, 2013.

Informal Guidance to proposed to be listed company – Extending share based employee benefits to employees of a subsidiary company

February 4, 2023 1311 Views 0 comment Print

The company has sought guidance from SEBI as to whether these doctors who would be exclusively employed by the Subsidiary i.e. who would be eligible employees of the Subsidiary, could be eligible for employee stock options as per ESOP Plan 2013 framed in accordance with SBEB 2021.

Navigating ESOP compliance to maximize rewards for employees in India

January 25, 2023 1008 Views 0 comment Print

Unlock the potential of Employee Stock Ownership Plans (ESOPs) in India by navigating compliance requirements. Explore the overview, compliance obligations, benefits, and tools to ensure seamless ESOP compliance. Empower your employees while safeguarding investor interests.

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