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Cross-Border ESOPs in India: Unresolved Taxation Gap Silently Costing Mobile Professionals

Income Tax : The article highlights that Indian tax law lacks a statutory formula for allocating cross-border ESOP income, increasing the risk ...

June 24, 2026 285 Views 0 comment Print

ESOP Buyback in Unlisted Companies: Two-Tax Problem Employees Aren’t Prepared For

Income Tax : The article explains how ESOP taxation in unlisted companies occurs at both exercise and buyback stages. It highlights perquisite ...

June 22, 2026 1569 Views 0 comment Print

Making ESOPs Work for Startup Employees: A Practical Guide (2025-26)

Corporate Law : ESOPs can create significant wealth, but many employees struggle with taxation, limited liquidity, and unrealistic expectations. T...

June 19, 2026 462 Views 3 comments Print

Don’t Blindly Trust Form 16: One Small Error Can Trigger a Huge Tax Demand

Income Tax : The case demonstrates how an incorrect exemption claim based on Form 16 led to scrutiny and penalty proceedings. The Tribunal ulti...

June 15, 2026 2574 Views 0 comment Print

ESOPs in Private Companies: Legal, Taxation and Accounting

Company Law : Overview of ESOPs in private companies covering legal requirements, pool structuring, accounting treatment, employee taxation, and...

June 13, 2026 894 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 3600 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 4787 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 2802 Views 0 comment Print


Latest Judiciary


ESOP Deduction to Be Computed on Straight-Line Basis: ITAT Delhi

Income Tax : ITAT held that computer software is eligible for 60% depreciation and directed the AO only to verify its actual cost before comput...

June 30, 2026 162 Views 0 comment Print

ESOP Discount Allowed as Karnataka HC Precedent Covered Issue: ITAT Mumbai

Income Tax : ITAT Mumbai allowed deduction of ESOP expenses under Section 37(1) by following Karnataka High Court's ruling in Biocon Ltd. Tribu...

June 25, 2026 150 Views 0 comment Print

SC Dismisses Revenue Appeal as ESOP Allotment Expense Is Allowable

Income Tax : The Supreme Court ruled that requiring employers to purchase shares from the market instead of issuing ESOP shares ignores commerc...

June 24, 2026 336 Views 0 comment Print

Delhi HC Rejects ESOP Disallowance as Share Allotment Reflects Commercial Reality

Income Tax : The Delhi High Court held that ESOP expenditure cannot be disallowed merely because shares were allotted instead of purchased from...

June 24, 2026 159 Views 0 comment Print

ESOP Discount Is Allowable Business Expenditure Despite Pending SLP: ITAT Mumbai

Income Tax : The ITAT Mumbai held that ESOP discount is an allowable deduction under Section 37(1), observing that the pendency of an SLP again...

June 22, 2026 246 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 2316 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 2511 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 3432 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 6630 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 5241 Views 0 comment Print


Provisions for issue of ESOP by unlisted company with Procedure

September 28, 2022 53298 Views 0 comment Print

Employee Stock Option Plan (ESOP) is an option given to directors, officers or permanent employees of a company to purchase or subscribe the securities offered by the company at a future date, at a concessional price generally. Employee Stock Option Plans are one of the most important tools to attract, encourage and retain employees. It […]

ESOP price difference between offer & market price allowable as revenue expense

September 5, 2022 2259 Views 0 comment Print

PVR Ltd Vs CIT (Delhi High Court) HC held that ITAT erred in law in holding that the difference between the price at which stock options were offered to employees of the appellant company under ESOP and ESPS and the prevailing market price of the stock on the date of grant of such options was […]

Cost of acquisition as FMV of ESOP shares treated as perquisite unsustainable

August 13, 2022 9966 Views 0 comment Print

Held that payment of federal taxes on the different between FMV and the grant price establishes that assessee is paying tax treating the value of shares as perquisite. Accordingly, provisions of section 49(2AA) are applicable. Cost of acquisition of share cannot be FMV.

Dispute of ESOP is referable to arbitration

August 9, 2022 2805 Views 0 comment Print

Held that dispute in respect of ESOP which forms part of the Employment Agreement, would be referable to arbitration as provided in Clause 21 of ESOP.

Discount on issue of ESOP is allowable expenditure u/s 37(1)

July 11, 2022 3471 Views 0 comment Print

ITAT Held that discount on issue of ESOP is allowable as deduction under the head Profits & Gains of Business or Profession.

ESOPs – An Attractive Funding Tool By Companies & Startups

June 30, 2022 2934 Views 0 comment Print

Discover why ESOPs are becoming an attractive funding tool for companies and startups. Explore how ESOPs drive ownership and accelerate business growth.

Procedure For Modification of ESOP Policy

June 15, 2022 21945 Views 0 comment Print

Companies Act, 2013 prescribes provisions for Issuance & Modification of Employee’s Stock Options by Private Limited companies.

ESOP by unlisted public company and private company

June 11, 2022 15726 Views 0 comment Print

Unlock the potential of Employee Stock Option Schemes (ESOS) and Employee Stock Purchase Schemes (ESPS) for unlisted public and private companies under the Companies Act, 2013. Learn the eligibility criteria, procedures, and income tax implications. Stay informed about the valuation of shares and key provisions for a seamless implementation.

Brief procedure for issue of ESOP under Companies act, 2013

June 3, 2022 30885 Views 0 comment Print

Learn about the procedure for issuing ESOP under the Companies Act, 2013. Understand the steps, documents, and timelines involved in implementing an ESOP scheme.

A-Z of Start-Ups ESOPS

May 25, 2022 5049 Views 1 comment Print

Learn about ESOPs and how they can benefit both employees and organizations. Discover the advantages of employee stock ownership plans in attracting and retaining talent.

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