https://www.taxtmi.com/caselaws?id=367292 Stock option benefit required a merits-based determination on whether the receipt was assessable as a salary perquisite or as long-term capital gain before any consequential relief could follow. Because the Tribunal remitted the matter without first resolving the factual controversy on the true character of the receipt, and without a conclusive finding on the substantive tax treatment, its approach was held unsustainable. The remand order and deletion of penalty were set aside, and the matter was restored to the Tribunal for a fresh decision on merits after giving the assessee an adequate opportunity. en-us Thu, 30 Aug 2018 00:00:00 +0530 Tue, 18 Sep 2018 07:25:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=367292 Stock option benefit required a merits-based determination on whether the receipt was assessable as a salary perquisite or as long-term capital gain before any consequential relief could follow. Because the Tribunal remitted the matter without first resolving the factual controversy on the true character of the receipt, and without a conclusive finding on the substantive tax treatment, its approach was held unsustainable. The remand order and deletion of penalty were set aside, and the matter was restored to the Tribunal for a fresh decision on merits after giving the assessee an adequate opportunity. Case-Laws Income Tax Thu, 30 Aug 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=367292