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    <title>2005 (12) TMI 223 - ITAT DELHI-E</title>
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    <description>Employee Stock Option Scheme benefits were not taxable perquisites before the insertion of clause (iiia) in section 17(2) of the Income-tax Act, 1961, effective from 1 April 2000. The Tribunal treated shares allotted under the scheme as becoming perquisites only from assessment year 2001-02 onwards, so no taxable benefit arose to employees for the relevant years. As no tax was deductible at source on those benefits for 1998-99 and 1999-2000, penalty under section 271C for failure to deduct tax at source was not leviable. The cancellation of penalties was upheld and the Department&#039;s appeals were rejected.</description>
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    <pubDate>Fri, 23 Dec 2005 00:00:00 +0530</pubDate>
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      <title>2005 (12) TMI 223 - ITAT DELHI-E</title>
      <link>https://www.taxtmi.com/caselaws?id=65261</link>
      <description>Employee Stock Option Scheme benefits were not taxable perquisites before the insertion of clause (iiia) in section 17(2) of the Income-tax Act, 1961, effective from 1 April 2000. The Tribunal treated shares allotted under the scheme as becoming perquisites only from assessment year 2001-02 onwards, so no taxable benefit arose to employees for the relevant years. As no tax was deductible at source on those benefits for 1998-99 and 1999-2000, penalty under section 271C for failure to deduct tax at source was not leviable. The cancellation of penalties was upheld and the Department&#039;s appeals were rejected.</description>
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      <pubDate>Fri, 23 Dec 2005 00:00:00 +0530</pubDate>
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