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(Querist)
15 December 2010 one employee get 10 Shares under ESOP at RS. 60 (face value 10 and FMV Rs. 100).
And paid tax on Rs. 40 as Perquisite. after that he sold the shares at RS 80 (loss RS. 20 per share)in the market.

now what is the treatment of loss ie RS. 20.
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CA Navin Jain

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CA Navin Jain (Expert)
15 December 2010 The loss of Rs. 20 per share is a loss under the head "Capital Gains".
This loss can be set-off with any other Capital Gain during the same Assessment Year. If this loss could not be set-off as abovesaid, it will be carried forward to next 8 Assessment Years to be set-off similarly as stated above in respective Asssessment Years.
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CA. Lohith Jagadeesh

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CA. Lohith Jagadeesh (Expert)
27 March 2011 Hi,

It Shall be treated as either
STCL or LTCL depending upon the holding period of such security.

If LTCL it cannot be set off with any other Heads of Incomes except LTCG
If STCL it can be set off with LTCG or STCG {if any} or other heads of Income.

Thank you

Regards

CA. Lohith. J
B.Com,ACA,CS,(ICWA),SAPM Hons,ITF Hons
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