Value of any specified security or sweat equity shares allotted or transferred, by the employer, or former employer, free of cost or at concessional rate u/s Section 17(2)(vi), of Income Tax Act, 1961

By | May 30, 2015

As Per Income Tax Act 1961 “value of any specified security or sweat equity shares allotted or transferred, by the employer, or former employer, free of cost or at concessional rate to the employee” includes:

The value of any specified security or sweat equity shares allotted or transferred, directly or indirectly, by the employer, or former employer, free of cost or at concessional rate to the Assessee.

Reference:

As Per Section 17(2)(vi), Of the Income Tax Act, 1961-

17. For the purposes of sections 15 and 16 and of this section,—

(2) “perquisite” includes—

(vi) the value of any specified security or sweat equity shares allotted or transferred, directly or indirectly, by the employer, or former employer, free of cost or at concessional rate to the assessee.

Explanation

For the purposes of this sub-clause,—

(a) “specified security” means the securities as defined in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956) and, where employees’ stock option has been granted under any plan or scheme therefore, includes the securities offered under such plan or scheme;

(b) “sweat equity shares” means equity shares issued by a company to its employees or directors at a discount or for consideration other than cash for providing know-how or making available rights in the nature of intellectual property rights or value additions, by whatever name called;

(c) the value of any specified security or sweat equity shares shall be the fair market value of the specified security or sweat equity shares, as the case may be, on the date on which the option is exercised by the assessee as reduced by the amount actually paid by, or recovered from, the assessee in respect of such security or shares;

(d) “fair market value means the value determined in accordance with the method as may be prescribed;

(e) “option means a right but not an obligation granted to an employee to apply for the specified security or sweat equity shares at a predetermined price.

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