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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


ITAT Deletes ESOP Disallowance but Remands TP Comparables Over Functional Mismatch

December 12, 2025 402 Views 0 comment Print

ITAT Bangalore allowed deduction of ₹55.4 crore ESOP expenses under section 37, holding it as employee compensation cost. ESOP costs may be deductible even if cross-charged from parent company.

Complete Guide to ESOPs: Legal Framework, Taxation and Vesting

December 10, 2025 2469 Views 0 comment Print

Learn how Employee Stock Option Plans work under the Companies Act, SEBI regulations, and taxation rules. Key takeaways include eligibility, vesting, exercise price, and capital gains implications.

Disclosure of ESOPs from a Foreign Parent Company in an Indian Employee’s ITR

December 10, 2025 5070 Views 0 comment Print

Explains the tax treatment and mandatory ITR disclosures for foreign ESOPs, highlighting the need to report shares annually and avoid penalties.

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

December 3, 2025 2172 Views 0 comment Print

New SEBI amendment mandates valuation of employee share benefit schemes only by independent registered valuers, phasing out merchant banker valuations except for ongoing assignments.

Consistent Past Relief Continues: Mumbai ITAT Again Upholds ESOP Expense as Revenue u/s 37(1)

November 29, 2025 735 Views 0 comment Print

The Tribunal held that past years consistently allowed ESOP expenditure as revenue, and no new facts justified deviation. once an issue is settled for identical facts, consistency must be maintained.

Taxation of Employee Stock Option Plan (ESOP)

November 15, 2025 40890 Views 0 comment Print

Overview of how ESOPs are taxed at exercise as perquisites and at sale as capital gains, including valuation rules, holding period, and the deferred TDS mechanism available to employees of eligible start-ups under the Income-tax Act.

ITAT Upholds ESOP Cost as Business Expense, Sets Aside PCIT 263 Order

November 11, 2025 777 Views 0 comment Print

ITAT Mumbai held that the Assessing Officer made detailed enquiries before allowing ESOP expenditure, invalidating the PCIT’s revision under section 263.

Groww IPO: A Landmark Moment in India’s ESOP Evolution

November 4, 2025 1023 Views 0 comment Print

Groww’s IPO (Nov 4-7, 2025) will unlock ₹2,500 crore in employee ESOP wealth. The event signals the maturation of the ESOP ecosystem, driving talent retention and wealth creation in Indian tech.

Revision u/s. 263 not justifiable as AO took most plausible view

October 9, 2025 402 Views 0 comment Print

ITAT Mumbai held that revisionary proceeding under section 263 of the Income Tax Act not justifiable when AO has taken most plausible view. Accordingly, appeal is allowed to that extent.

ESOP Year Mix-Up & Valuation Error – ITAT Pune Sends Case Back for Re-Examination

October 7, 2025 375 Views 0 comment Print

ITAT Pune remands ESOP tax dispute, citing AO/CIT(A) failure to verify year of acquisition and valuation errors, directing fresh assessment to prevent double taxation.

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