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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


Procedure for Issue of ESOP by Private Companies

February 13, 2023 54336 Views 4 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 573 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 720 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.

ESOP: An Effective tool for Startup

January 25, 2023 4782 Views 0 comment Print

Employee Stock Option Plans (ESOPs) serve as a wonderful motivator for such companies to employ and retain resources committed to company’s goal.

Benefits available to Start-ups under Income tax Act, 1961

January 7, 2023 4848 Views 0 comment Print

GOI grants various tax exemptions and benefits which an eligible start-up can avail of. Let’s understand first meaning of an eligible Startup.

ESOP cross-charge is allowable expenditure u/s 37(1) of the Income Tax Act

November 26, 2022 5061 Views 0 comment Print

ITAT Bangalore held that expenditure of ESOP cross-charge is wholly and exclusively for the purpose of business, said amount remitted by the assessee to ultimate holding company, and hence allowable expenditure u/s 37(1) of the Income Tax Act.

ESOP expense to acquire share of parent company allowed when actual payment done to parent company

November 11, 2022 3000 Views 0 comment Print

ITAT Delhi held that ESOP expenditure to acquire shares of parent company is allowable as and when the expenditure is paid by the assessee to the parent company. Actual payment of the expenditure and time of expenditure needs to be verified

Phantom Stock Option

November 5, 2022 10230 Views 2 comments Print

Explore the concept of Phantom Stock Options (PSO) in the Indian stock market. Learn how this unique compensation method can benefit organizations and recipients.

Expenditure of ESOP is revenue expenditure

November 2, 2022 2046 Views 0 comment Print

ITAT Bangalore held that the expenditure on account of ESOP is a revenue expenditure and had to be allowed as deduction while computing income.

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

October 19, 2022 4278 Views 0 comment Print

Q. Upon listing of the Company, will it be permissible, as per the SEBI SBEB & SE Regulations, for stock options to be granted under the ESOP Plan 2013 to the doctors who are proposed to be engaged as Eligible Employees. i. Regulation 2(1)(i)(i) of the Securities and Exchange Board of India (Share Based Employee […]

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