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(Querist)
12 December 2012 Dear Experts,

Just need your valuable input on the following details,

One of the client works for Oracle India Pvt Ltd. He had ESOPs from his company Oracle Corporation with quantity 550 which was grated to him since 1 July 2010. Till completion of four year since the ESOPs allotted to him he can sell 1/4th of the total ESOPs each year till next four years or sell in total after four years. On 16th July 2012 he sold 138 quantities of the ESOPs i.e. Oracle Corporation through the companies investment banker Fidelity Investments (see below the transaction details). There were TAX in INR 11,541 deducted by the employer, but recently he received a refund of INR 7,443 with a statement in the mail i.e.

"Please note that in terms of the provisos on Income tax Act, 1961, the gains in excess of the FMV arising on the sale of share would be subject to capital gain tax, this tax on such CG is required to be deposit directly by you on your own to Govt as per the advance tax provision as contain sec 209 of the income tax Act 1961".

Grant date: 01-Jul-10
Grant Price: 21.55$
Exercise Date: 16-Jul-12
Exercise Type: ES
Qty: 138
FMV at Exercise: 29.5843$
Exercise Cost: 2973.9
Taxable Income: 1108.73
Total Tax: 342.6
Corporate Exchange Rate: 55.413
TT Rate: 55.01
FMV 31st May 2012: 26.47
Perquisite in USD: 678.96
Tax in USD: 210
Perquisite in INR: 37350
Tax in INR: 11,541
Tax refund INR: 7,443

What he should do now?

Thanks in advance.
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Amol S Joglekar

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Amol S Joglekar (Expert)
12 December 2012 The rate of TDS and rate of Capital Gain tax differ. You can ask for the computation working from the income tax department.
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Soubhagya Kumar Patra

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Soubhagya Kumar Patra (Querist)
12 December 2012 Dear Amol, Thank you very much for you response. Just one more help, what will be the faster mode to approach IT Dept ?
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Amol S Joglekar

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Amol S Joglekar (Expert)
12 December 2012 e mail to CPC.
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Soubhagya Kumar Patra

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Soubhagya Kumar Patra (Querist)
12 December 2012 That's great, Thanks once again.
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