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ESOP

Latest Articles


Clarification on GST Treatment for MNCs issue ESOP/ESPP/RSU to their Indian Subsidiaries’ employees

Goods and Services Tax : Clarification on GST for MNCs issuing ESOP, ESPP, and RSU to Indian subsidiaries' employees. Learn about GST exemptions, condition...

July 1, 2024 318 Views 0 comment Print

Checklist for Issuing ESOP under Companies Act, 2013

Company Law : Explore the provisions, eligibility, steps, and disclosures for Employee Stock Option Plans (ESOP) under the Companies Act, 2013 a...

June 15, 2024 1401 Views 0 comment Print

Understanding ESOP from a Startup perspective

Company Law : Explore how Employee Stock Option Plans (ESOP) serve as a strategic tool for startups to attract and retain top talent by offering...

March 5, 2024 780 Views 0 comment Print

ESOP- Understanding Types & its Tax Impact

Income Tax : Explore the world of Employee Stock Ownership Plans (ESOPs) – types, taxation, and benefits. Learn about ESOS, ESPP, RSUs, RSAs,...

February 29, 2024 2304 Views 0 comment Print

ESOPS V/s Sweat Equity – The Need and Differences

Company Law : Learn about ESOPs and Sweat Equity, employee benefit plans designed to incentivize employees and enhance company performance. Und...

February 26, 2024 2916 Views 0 comment Print


Latest News


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 4055 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 2490 Views 0 comment Print


Latest Judiciary


ITAT Rulings on TP Adjustments, ESOP Expenses & Section 14A Disallowance

Income Tax : Tribunal upholds CIT(A) decisions in DCIT Vs Astral Limited case, offering key insights on TP adjustments, ESOP expenses, and Sect...

June 11, 2024 357 Views 0 comment Print

Voluntary Compensation in lieu of ESOP Not Part of Salary: Delhi HC in Flipkart-Phonepe Case

Income Tax : In the case of Sanjay Baweja Vs DCIT, the Delhi High Court ruled that one-time payments in lieu of ESOPs do not constitute salary ...

June 9, 2024 17268 Views 3 comments Print

Section 271(1)(c) penalty not automatic on mere expense Disallowance or Income Enhancement 

Income Tax : Tribunal ruled that mere disallowance of expenses or enhancement of returned income does not automatically warrant the imposition ...

May 6, 2024 822 Views 0 comment Print

ESOP: ITAT allows difference between fair market value at vesting & exercise dates

Income Tax : Delve into the verdict of ITAT Mumbai regarding ESOP expenses, highlighting the difference in fair market value and its allowance ...

April 10, 2024 591 Views 0 comment Print

Expenditure towards ESOP is allowable u/s 37(1) of Income Tax Act: ITAT Mumbai

Income Tax : ITAT Mumbai held that the ESOP expenses claimed by the assessee is an allowable expenditure under section 37(1) of the Income Tax ...

April 2, 2024 1038 Views 0 comment Print


Latest Notifications


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 948 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 1605 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 4065 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 4278 Views 0 comment Print

Company may permit empaneled stock brokers to fund ESOP

SEBI : As per Regulation 9(2) of the SEBI (Share Based Employee Benefits) Regulations, 2014 (SBEB Regulations)  the company may permit t...

July 20, 2020 2241 Views 0 comment Print


ESOP- Understanding Types & its Tax Impact

February 29, 2024 2304 Views 0 comment Print

Explore the world of Employee Stock Ownership Plans (ESOPs) – types, taxation, and benefits. Learn about ESOS, ESPP, RSUs, RSAs, SARs, and Phantom Stock Plans in this comprehensive guide.

ESOPS V/s Sweat Equity – The Need and Differences

February 26, 2024 2916 Views 0 comment Print

Learn about ESOPs and Sweat Equity, employee benefit plans designed to incentivize employees and enhance company performance. Understand their differences, eligibility, benefits, and more.

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

January 17, 2024 4055 Views 1 comment Print

Delve into complex tax implications of ESOPs, Sweat Equity, CSOPs, Phantom Shares, and Stock Appreciation Rights in our live webinar. Join CA Darshak Shah for expert analysis and valuable insights

Understanding ESOPs: Pros and Cons

December 27, 2023 1719 Views 0 comment Print

Explore Employee Stock Ownership Plans (ESOPs) and weigh the pros and cons. Learn about tax implications, benefits, and potential challenges for companies and employees.

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

November 17, 2023 1605 Views 0 comment Print

The Ministry of Corporate Affairs penalizes WURKNET PRIVATE LIMITED for violating Companies Act, 2013 by not disclosing ESOP details. Analysis, implications, and order details

ESOP Expenditure Allowed as Revenue Expenditure; Section 14A Disallowance Cannot Exceed Exempt Income;

November 4, 2023 612 Views 0 comment Print

DCIT vs. Dhani Services Ltd.: ITAT Mumbai upholds the deletion of disallowance under Section 14A of the Income Tax Act, along with ESOP expenditure.

Taxation of Employee Stock Option Plan (ESOP)

October 31, 2023 13134 Views 0 comment Print

Learn about ESOP taxation, perquisites, capital gains, and benefits for employees in eligible start-ups. Understand tax implications of Employee Stock Option Plans.

TP adjustment deleted as ALP of ESOP expenses cannot be taken as NIL

October 11, 2023 1041 Views 0 comment Print

ITAT Mumbai held that TP adjustment in respect of international transaction of reimbursement of Employee Stock Option Plan (ESOP) Expenses deleted as Arm’s Length Price (ALP) of ESOP expenses cannot be taken as NIL.

Employee Stock Option Expense Disallowance Unsustainable as it is revenue in nature

September 30, 2023 831 Views 0 comment Print

ITAT Mumbai held that disallowance of employee stock option expenses alleging it to be capital expenditure is unsustainable in law in as much as such expenditure are revenue in nature and hence allowable.

Sweat Equity Shares: Evolution, Definition, Legal Framework, Pros & Cons

September 26, 2023 2136 Views 0 comment Print

Explore concept of sweat equity shares, their legal framework under Companies Act, 2013, and advantages and disadvantages of using them as a form of compensation in your business.

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