Esop taxation when sold under fmv

Hi, 

I have a simple question, but couldn't locate an answer yet. So any help would be useful for many.

Now, perquisite tax has to be paid when exercising ESOP based on FMV (say Rs 1000).  At a later point in time, employee sell the share at a price lower than Rs 1000.  Would the loss be considered as capital loss or employee can claim refund of extra perquisite tax paid ?

regards

Swaroop