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UK-based Indian employee wins tax case over ESOP shares: ITAT Mumbai rules in favour
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UK-based Indian employee wins tax case over ESOP shares: ITAT Mumbai rules in favour

ITAT Mumbai ruled in favour of a UK-based Indian employee, Hemrajani, allowing him to use the fair market value of ESOP shares as the cost of acquisition for tax purposes, despite the Income Tax Department's challenge. Hemrajani had exercised 1,540 ESOPs of L&T Infotech at Re 1 each (fair market value: ~Rs 1,754/share) and sold them for Rs 25.99 lakh, claiming a Rs 1 lakh short-term capital loss. The tax department had treated the sale as unexplained gains of Rs 29.59 lakh. ITAT Mumbai applied Section 49(2AA) of the Income-tax Act, 1961, stating the cost of acquisition is the fair market value used for valuing the perquisite under Section 17(2)(vi), regardless of whether the perquisite was taxed in India.

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Economic Times
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