Recently, the Hon’ble Madras High Court in the case of Nishithkumar Mukeshkumar Mehta v. DCIT, has dealt with the question of taxability of compensation in relation to ESOPs received by the employee at a pre-exercise stage, when the employee had not exercised the options under the ESOP scheme.

In this globalized economy, individuals and businesses often operate across borders, leading to potential double taxation issues, which is prevented by entering double taxation avoidance agreements (DTAA) between various countries. Concepts such as permanent establishment (PE) and “make available” are the creations of DTAA, which have been subject to significant litigation in India. PE means […]