ITAT treats Flipkart employee’s ₹2.33 crore ESOP buyback payout as LTCG, not salary

The Bengaluru ITAT held that proceeds from Flipkart’s repurchase of an employee’s unexercised vested ESOPs should be taxed as long-term capital gains rather than salary perquisites. The ruling could influence the tax treatment of similar ESOP exit structures.

— Filed Wed, 5 Aug, 2026, 13:11 IST · Source ET Small Business · Updated

Bengaluru ITAT ruled that Flipkart’s repurchase of an employee’s unexercised vested ESOPs is taxable as long-term capital gains, not salary perquisites, establishing a potentially significant tax precedent for ESOP exits.

Why this matters

The tax ruling adds a governance signal to Flipkart’s recent consumer moves, including its iPhone 17 Pro card-and-exchange offer and reports of expanding quick commerce to more Indian cities.

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