Transfer-pricing tolerance for software sub-licensing falls within the services range, eliminating the adjustment and requiring TDS-credit verificatio...
Customs Broker due diligence requires prescribed KYC, not detecting misdeclarations discoverable only through physical examination, defeating licence ...
E-filing system failure permits exclusion of affected time in insolvency appeals, preventing tribunal technology defects from defeating timely filings...
Pre-existing disputes over outcome-based professional fees can bar Section 9 insolvency proceedings where contractual entitlement requires investigati...
Corresponding scheduled offences preserve money-laundering jurisdiction despite repeal of the central corruption provision where conduct remains cover...
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.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4920 
