ESOP cost of acquisition uses perquisite fair market value regardless of whether the benefit was taxed in India.

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....Section 49(2AA) treats the fair market value used to value an ESOP perquisite under section 17(2)(vi) as the cost of acquisition for capital gains purposes, without requiring that the perquisite be included in taxable income or taxed in India. Perquisite valuation and its taxability under domestic charging provisions or an applicable treaty operate independently. Taxation of the related perquisite in the United Kingdom does not prevent use of the statutory fair market value as the ESOP share cost. Capital gains were to be recomputed using the fair market value determined under section 17(2)(vi) read with Rule 3(8)(ii).....