Transfer pricing comparability requires functional alignment, reliable financial data, and careful review of working capital and receivables adjustmen...
Transfer pricing rules require benchmarking corporate guarantees and associated-enterprise advances, while invalid domestic-transaction adjustments ca...
Prospective sugar export prohibition required registered letters of credit; private contracts and export quotas created no enforceable continuation ri...
Retroactive interim-moratorium exclusion permits protective asset disclosure and preservation measures against personal guarantors pending arbitration...
The Delhi High Court addressed the issue of whether a one-time payment made on behalf of an employee stock ownership plan (ESOP) formed part of the salary perquisite u/s 17(2)(vi). The court held that the payment was not linked to the exercise of stock options by the employee and was a voluntary payment, not arising from any legal or contractual obligation. As the employee had not exercised the stock options, the amount received did not constitute income chargeable to tax. The court set aside the order treating the amount as a perquisite, allowing the petitioner to seek a refund of TDS amount from the Revenue due to the transaction date having passed.
The Delhi High Court addressed the issue of whether a one-time payment made on behalf of an employee stock ownership plan (ESOP) formed part of the salary perquisite u/s 17(2)(vi). The court held that the payment was not linked to the exercise of stock options by the employee and was a voluntary payment, not arising from any legal or contractual obligation. As the employee had not exercised the stock options, the amount received did not constitute income chargeable to tax. The court set aside the order treating the amount as a perquisite, allowing the petitioner to seek a refund of TDS amount from the Revenue due to the transaction date having passed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4784
Join Channel
TaxTMI 
