ESOP Share Sale Gains Taxed as Capital Gains, Not Income from Other Sources, u/s 56(2)(vii) of Income Tax Act.

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....Sale of shares allotted to the assessee under employee stock option plan[ ESOP] and taking the sale value above fair market value as income from other source u/s 56 (2) (vii) - there is no transfer of any controlling interest - assessee has sold the shares and has not received any other property - AO directed to tax gain arising on the sale of about shares under the head capital gain only.....