1959 (3) TMI 31 - SUPREME COURT

Whether in the facts and circumstances of this case, the applicant (the assessee) was entitled to have this dividend income grossed up under section 16(2) and claim credit for tax deducted at source under section 18(5) of the Income-tax Act ?

Held that:- The words of section 18(5) must accordingly be read in the light in which the word "shareholder" has been used in the subsequent sections, and read in that manner, the present assessee, notwithstanding the equitable right to the dividend, was not entitled to be regarded as a "shareholder" for the purpose of section 18(5) of the Act. That benefit can only go to the person who, both in law and in equity, is to be regarded as the owner of the shares and between whom and the company exists the bond of membership and ownership of a share in the share capital of the company.

In view of this, we are satisfied that the answer given by the Calcutta High Court on the question posed by the Tribunal was correct.Appeal dismissed.