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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 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 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


ESOP- Understanding Types & its Tax Impact

February 29, 2024 5427 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 6723 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 4787 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 2859 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 3432 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 1086 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.

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

October 11, 2023 2019 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 1248 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 4299 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.

Special Resolution Format for ESOP Scheme Amendment

September 19, 2023 14217 Views 0 comment Print

Learn how to draft a special resolution for amending your company’s Employee Stock Option Scheme (ESOP) in compliance with relevant laws and regulations.

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