O R D E R

Background By this writ petition, an order dated 12.07.2023 rejecting the petitioner's request for the grant of a certificate of 'nil' deduction of tax at source is challenged and the petitioner seeks a consequential direction to the first respondent to issue a certificate of 'nil' deduction of tax at source under Section 197 of the Income-tax Act, 1961 (the I-T Act).

2. The petitioner is an employee of Flipkart Internet Private Limited (FIPL), which is a company incorporated in India and a wholly owned subsidiary of Flipkart Marketplace Private Limited (FMPL). FMPL is a company incorporated under the laws of Singapore and is a wholly owned subsidiary of Flipkart Private Limited Singapore (FPS).

3. FPS implemented the Flipkart Stock Option Scheme, 2012 (the FSOP

2012). Under the FSOP 2012, employees' stock options (ESOPs) were granted to option grantees, who are either employees or any other persons approved by the Board and to whom stock options were granted. The expression 'employee' was defined in the FSOP 2012 as meaning a permanent employee of a Group Company working in Singapore or outside Singapore; or a director or officer of the Group Company, whether a full time dir