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ESOP scheme-period of holding in case of employee, Income Tax

Issue Id: - 115921
Dated: 22-1-2020
By:- Sanjeev Jain

ESOP scheme-period of holding in case of employee


  • Contents

The Company floated the ESOP scheme on 31/03/2010. As per the ESOP scheme floated by the Company the shares are to be given to certain eligible employees. Employees can exercise shares at the prevailing market price. Shares were allotted to the employee on 31/03/2019. However, the Company credited the shares to the employee's account at the initial date when the scheme was launched based on the assumption that the employee will exercise his right. The employee sold shares on 01/01/2020. Will it be considered long term capital gains or short term capital gains?

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1 Dated: 9-7-2020
By:- DR.MARIAPPAN GOVINDARAJAN

In my view it is a long term asset since the entries in the companies are during the year 2010/


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