| COURT: | ITAT Hyderabad |
| CORAM: | B. Ramakotiah (AM), Saktijit Dey (JM) |
| SECTION(S): | 5(1), 6(6)(a), 9(1)(ii), Article 16(1) |
| GENRE: | International Tax |
| CATCH WORDS: | Accrual of income, ESOP, salary |
| COUNSEL: | Sanjiv Chaudhary |
| DATE: | January 21, 2015 (Date of pronouncement) |
| DATE: | January 22, 2015 (Date of publication) |
| AY: | 2007-08 |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| S. 5(1) r.w. Art 16(1) of DTAA: Taxability of stock options allotted outside India by foreign co to NOR employee for services rendered in India considered | |
Without ascertaining how much of the SOTP is attributable to services rendered in India, the entire amount cannot be made taxable only because the money was received in India. Therefore, we are of the view that the assessee having residential status of ‘not ordinarily resident’, only that portion of the stock awards and SOTP attributable to services rendered in India can form part of total income for the assessment year
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