GST payment representations require record-based, reasoned decisions while substantive entitlement remains open for determination by competent authori...
Reassessment sanction under extended limitation required approval from the competent specified authority, invalidating proceedings approved by an inco...
Internal CUP benchmarking for fixed-rate Masala Bonds prevails over floating external comparables, eliminating the related transfer-pricing adjustment...
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Voluntary compensation for diminution in the value of unexercised employee stock options following corporate restructuring is not taxable as a perquisite or salary where it is not contractually or statutorily required, is paid without exercise, allotment, transfer, surrender, cancellation or repurchase of the options, and the employee retains the options. The proximate cause is the restructuring rather than employment. Payer-side tax deduction or Form 16 classification cannot create a tax charge absent satisfaction of the charging provisions. The payment also cannot be treated as profits in lieu of salary merely through an alternative salary provision.
Voluntary compensation for diminution in the value of unexercised employee stock options following corporate restructuring is not taxable as a perquisite or salary where it is not contractually or statutorily required, is paid without exercise, allotment, transfer, surrender, cancellation or repurchase of the options, and the employee retains the options. The proximate cause is the restructuring rather than employment. Payer-side tax deduction or Form 16 classification cannot create a tax charge absent satisfaction of the charging provisions. The payment also cannot be treated as profits in lieu of salary merely through an alternative salary provision.
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