Taxmann's untangling the new esop taxation

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ESOPs are a significant component in the compensation of the employees of startups as it allows startups to employee highly talented employees at a relatively low salary amount with the balance being paid via ESOPs.

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Taxmann's untangling the new esop taxation

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MCQs & Integrated Case Studies on Corporate & Economic Laws are prepared exclusively for the Final Level of Chartered Accountancy Examination requirement. It covers the entire revised, new syllabus as per ICAI. The Present Publication is the 6th Edition & Updated till 30th April 2021 for CA-Final | New Syllabus, with the following noteworthy features: • Strictly as per the New Syllabus of ICAI • [Knowledge Based & Application Based MCQs] as per the pattern applicable for the exams • Includes the following types of MCQs in a Separate Section in Each Chapter: ◦ RTPs & MTPs ◦ Past Exam Questions • [Most Updated & Amended] This book is updated & amended as per the following: ◦ Companies (Amendment) Act, 2020 ◦ Companies (Appointment and Qualifications of Directors) 5th Amendment Rules, 2020 ◦ Schedule V of the Companies Act, 2013 ◦ Master Directions – External Commercial Borrowings (Updated as of 12th April 2021) ◦ Foreign Exchange Management (Export of Goods and Services) (Amendment) Regulations, 2021 ◦ Foreign Contribution (Regulation) Amendment Act, 2020 ◦ Arbitration and Conciliation (Amendment) Act, 2021 ◦ Insolvency and Bankruptcy (Amendment) Ordinance, 2021 Also Available: • [7th Edition] of Taxmann’s Corporate & Economic Laws (New Syllabus) • [7th Edition] of Taxmann’s CRACKER cum Exam Guide on Corporate & Economic Laws (New Syllabus) • Taxmann’s Combo for Textbook + Cracker + MCQs & Integrated Case Studies + Class Notes Contents of this book are as follows: • Appointment and Qualifications of Directors • Meeting of the Board and its Powers • Appointment and Remuneration of Managerial Personnel • Inspection, Inquiry and Investigation • Compromises, Arrangements and Amalgamations • Prevention of Oppression & Mismanagement • Winding Up • Companies Incorporated Outside India • Miscellaneous Provisions • Adjudication and Special Courts • NCLT and NLCAT • Corporate Secretarial Practice • Securities Contracts (Regulation) Act, 1956 and SCR Rules, 1957 | Deleted from Syllabus • Securities and Exchange Board of India Act, 1992 & SEBI (LODR) Regulations, 2015 • Foreign Exchange Management Act, 1999 • Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFESI Act, 2002) | Deleted from Syllabus • Prevention of Money Laundering Act, 2002 • Foreign Contribution (Regulation) Act, 2010 • Arbitration and Conciliation Act, 1996 • Insolvency and Bankruptcy Code, 2016 • Integrated Case Studies

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Taxmann's Competition Law Manual is a compendium of Competition Act, 2013 [amended up to date] along with Relevant Rules & Regulations, Circulars, and Notifications. What sets this book apart is the unique way of presenting the Annotated, Amended & Updated text of the Competition Act and relevant Rules & Regulations mapped with the relevant Section of the Act. The Present Publication is the Latest Edition, authored by Taxmann's Editorial Board, amended up to 5th July 2021. This book is divided into four divisions: • The Competition Act, 2002 • Notifications • 20+ Rules & Regulations issued under the Competition Law • Conditions of Service of Chairperson and Members of Tribunals, Appellate Tribunals and Other Authorities

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Taxmann’s CLASS NOTES for Direct Tax Laws & International Taxation is a one-stop solution to conquer the vast subject of Direct Taxation with ease. The objective behind this book is to minimize the need to consult multiple voluminous books while revising the day before the exam. This book aims at providing all concepts in a simple language, with proper linking and a smart sequential approach. It also explains the provision of the law without resorting to paraphrasing of sections or legal jargons. The Present Publication is the 2nd Edition (For New Syllabus) & Updated till 30th April 2021, authored by CA V. Rahul Agarwal, with the following noteworthy features: • Strictly as per the New Syllabus of ICAI • [Pictorial Presentation/Charts with Handwritten Fonts] are used in the book for easy understanding of theoretical concepts • [Multi-Colour Coded Book] which follows the below structure: ◦ Blue – Heading ◦ Black – Main Content ◦ Red – Summarised version of the main content ◦ Green – Amendments applicable for the examination ◦ Yellow Highlights – Key adjustments to be highly cautious of; ‘The Accident-Prone Zones’ ◦ Blue Boxes – Significant selected Case Laws provided by ICAI ◦ Green Boxes – Authors personal notes for better understanding and clarity • [Amendments for November 2021 Examination] are provided at the end of the module Also Available: • [65th Edition] of Taxmann’s Direct Taxes Law & Practice with special reference to Tax Planning • [2nd Edition] of Taxmann’s Direct Tax Laws & International Taxation (2 Vols.) • [2nd Edition] of Taxmann’s CRACKER cum Compiler – Direct Tax Laws & International Taxation

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Taxmann's PROBLEMS & SOLUTIONS for Direct Tax Laws & International Taxation is a compilation of questions & MCQs (prepared using handwritten fonts) from the educational materials, RTPs, MTPs and past examination papers of both old & new syllabus of ICAI (up to 30th April 2021). These are aligned with provisions applicable for Nov. 2021 Exams and are arranged Topic-wise & Chapter-wise with proper reference to the paper as well as attempt for convenience and trend analysis. The Present Publication is the 2nd Edition (For New Syllabus) & Updated till 30th April 2021, authored by CA V. Rahul Agarwal, with the following noteworthy features: • [Coverage of All Questions & MCQs] in handwritten fonts ◦ For Old/New Syllabus; issued up to 30th April 2021, from the following: ▹ Educational Material of ICAI ▹ RTPs & MTPs of ICAI ▹ Past Examination Papers of ICAI ◦ The above Questions & MCQs are aligned with applicable provisions for November 2021 examination ◦ Arranged 'Topic-wise' & 'Chapter-wise' with proper reference to paper as well as attempt for convenience and trend analysis • [Ready Reckoner for the day before the exam] Special adjustments tested by ICAI have been summarised at the start of the book Also Available: • [65th Edition] of Taxmann's Direct Taxes Law & Practice with special reference to Tax Planning • [2nd Edition] of Taxmann's Direct Tax Laws & International Taxation (2 Vols.) • [2nd Edition] of Taxmann's CRACKER cum Compiler – Direct Tax Laws & International Taxation The contents of the book are as follows: • Summary of Special Adjustments • Part A – Direct Taxation ◦ Basics of Income Tax ◦ Special Tax Regime ◦ Taxation of Agriculture Income ◦ Income from Salary ◦ Income from House Property ◦ Profits and Gains of Business or Profession ◦ Capital Gains ◦ Taxation of Business Re-Organisations ◦ Taxation of Distribution to Owners ◦ Income from Other Sources ◦ Taxation of Dividends & Income from Units ◦ Comprehensive Questions ◦ Assessment of Firms & LLP ◦ Assessment of AOP & BOI ◦ Assessment of Non-Profit Organization (NPO) & Exit Tax ◦ Assessment of Business Trust ◦ Assessment of Other Persons ◦ Taxation of Unexplained Income ◦ Clubbing of Income ◦ Set-Off and Carry Forward of Losses ◦ Exemptions & Sec. 10AA Deductions ◦ Chapter VI-A Deduction ◦ Minimum Alternate Tax [Section 115JB] & Alternate Minimum Tax [Section 115JC] ◦ TDS & TCS ◦ Payment of Taxes & Return Filing ◦ Assessment Procedure ◦ Appeals & Revisions ◦ Settlement Commission ◦ Tax Planning, Avoidance & Evasion ◦ Penalties, Offence & Prosecution ◦ Liability in Special Cases ◦ Statement of Financial Transactions (SFT) & Miscellaneous Provisions • Part B – International Taxation ◦ Transfer Pricing & Related Provisions ◦ Residential Status & Scope of Total Income ◦ Non-Resident Taxation • Part C – Suggested Answers (Amended as Applicable for A.Y. 2021-22)

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In view of the COVID-19 pandemic, the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (TLA Act, 2020) has extended various due dates of compliances. The due dates so extended by the TLA Act, 2020 have been extended again on multiple occasions by the CBDT. The CBDT has again extended the due dates for certain compliances and has also announced to provide tax exemption for the expenditure incurred by the taxpayers on COVID-19 treatment. Further, the ex-gratia or any compensation received by the family members of any person who succumbed to COVID-19 will be exempt from tax. The impact of new notifications and circulars on various time barring dates and certain compliance of the Income-tax Act are discussed in the below paragraph.

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MCQs & Integrated Case Studies on Advanced Auditing & Professional Ethics are prepared exclusively for the Final Level of Chartered Accountancy Examination requirement. It covers the entire revised, new syllabus as per ICAI. The Present Publication is the 6th Edition & Updated till 30th April 2021 for CA-Final | New Syllabus, with the following noteworthy features: • Strictly as per the New Syllabus of ICAI • [Knowledge Based & Application Based MCQs] as per the pattern applicable for the exams • Includes the following types of MCQs in a Separate Section in Each Chapter: ◦ RTPs & MTPs ◦ Sample Questions ◦ Past Exam Questions (Memory-Based) • [Most Updated & Amended] This book is updated & amended as per the following: ◦ Companies (Audit and Auditor’s) Amendment Rules, 2021 ◦ Companies (Amendment) Act 2020 ◦ Companies (Auditor’s Report) Order 2020 ◦ SEBI (LODR) Regulation 2015 ◦ Form 3CD and Form GSTR 9C (Revised) ◦ Finance Act 2021 ◦ Revised Code of Ethics ◦ Revised Statement of Peer Review 2020 Also Available: • [8th Edition] of Taxmann’s Textbook for Advanced Auditing & Professional Ethics (New Syllabus) • [8th Edition] of Taxmann’s Cracker cum Exam Guide for Advanced Auditing & Professional Ethics (New Syllabus) • [1st Edition] Taxmann’s Quick Revision Charts for Advanced Auditing & Professional Ethics • Taxmann’s Combo for Textbook + Cracker + MCQs & Integrated Case Studies The contents of the book are as follows: • Quality Control and Engagement Standards • Auditing Planning, Strategy and Execution • Risk Assessment and Internal Control • Audit in an Automated Environment (Applicable for New Syllabus) • Professional Ethics (Chartered Accountants Act, 1949) • Company Audit • Audit Reports • CARO 2020 • Audit of Consolidated Financial Statements • Audit of Dividends • Audit Committee & Corporate Governance • Liabilities of Auditors • Internal Audit • Management and Operational Audit • Audit under Fiscal Laws • Due Diligence and Investigation • Peer Review • Audit of Banks • Audit of Non-Banking Financial Companies • Audit of General Insurance Companies • Audit of Public Sector Undertaking • LLP Audit, Forensic Audit, Quality Review & Audit of Life Insurance Business (Applicable for New Syllabus) • Miscellaneous • Integrated Case Studies

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The concept of ‘Fixed Establishment’ (FE) is essential for determining various requirements under the GST law including the registration requirement. The definition of FE given under the GST law is neither conclusive nor it has been explored before the Courts in India. The said definition is similar to that given under the EU VAT. Taxmann organized the first of its kind webinar where our Research & Advisory team discussed the concept of fixed establishment under the Indian GST alongside a renowned speaker from Spain Mr. Gallardo who discussed about the definition from EU VAT perspective. Let's hear and understand the concept of fixed establishment along with settled principles of EU VAT.

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