Treatment of ESOP shares of foreign company

CA. Chikkerur C R (PRACTICE) (3584 Points)

25 October 2010  

X  is citizen of India & he has ESOP shares of American Company.  He wants to sell those shares after coming to India once he gets good price of his shares

Whether gain is capital gain?

Whether this gain is deemed to be arised in India or US?

what is nature of treatment in the hands of Non Resident or Ordinary Resident?