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Latest Articles


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 1563 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 2799 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 2313 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


Capital Gains on ESOP Shares: Cost of Acquisition & Perquisite vs Capital Gains  

January 6, 2026 2070 Views 0 comment Print

This explains how ESOPs are taxed as salary at exercise and as capital gains at sale. The key takeaway is the two-stage taxation framework under Indian tax law.

Stock Option Taxation in India and Regulatory Compliance

January 6, 2026 1473 Views 0 comment Print

This explains how ESOPs are taxed at exercise and at sale under Indian tax law. The key takeaway is that ESOPs attract salary tax first and capital gains tax later.

ESOP Valuation: Why Getting It Wrong Can Lead to Tax Trouble

December 18, 2025 732 Views 0 comment Print

The article explains how incorrect ESOP valuation can trigger tax disputes, penalties, and audit issues, highlighting the importance of accurate FMV determination.

ITAT Deletes ESOP Disallowance but Remands TP Comparables Over Functional Mismatch

December 12, 2025 441 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 3366 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 5925 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 2313 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 831 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.

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

November 11, 2025 843 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 1116 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.

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