Retrospective cancellation of charitable registration under section 12AB(4) was unsustainable; related-party benefit allegations did not prove nongenu...
Merger control notice and disclosure rules: Supreme Court limits penalties, rejects reopening of approved combination, and sets aside adverse findings...
Section 49(2AA) treats the fair market value used to value an ESOP perquisite under section 17(2)(vi) as the cost of acquisition for capital gains purposes, without requiring that the perquisite be included in taxable income or taxed in India. Perquisite valuation and its taxability under domestic charging provisions or an applicable treaty operate independently. Taxation of the related perquisite in the United Kingdom does not prevent use of the statutory fair market value as the ESOP share cost. Capital gains were to be recomputed using the fair market value determined under section 17(2)(vi) read with Rule 3(8)(ii).
Section 49(2AA) treats the fair market value used to value an ESOP perquisite under section 17(2)(vi) as the cost of acquisition for capital gains purposes, without requiring that the perquisite be included in taxable income or taxed in India. Perquisite valuation and its taxability under domestic charging provisions or an applicable treaty operate independently. Taxation of the related perquisite in the United Kingdom does not prevent use of the statutory fair market value as the ESOP share cost. Capital gains were to be recomputed using the fair market value determined under section 17(2)(vi) read with Rule 3(8)(ii).
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