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Substantial interest u/s 2(22)(e) - Income Tax

#1 Issue Id: - 2366
Dated: 15-11-2010
By:- S SHANMUGASUNDARAM
Substantial interest u/s 2(22)(e)

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Can you explain the meaning of Substantial interest u/s Sec 2(22)(e)

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#2 Dated: 16-11-2010
By:- GOPALJI AGRAWAL

Section 2 (22)(e) itself contains the meaning of the same as under:

 

http://www.taxmanagementindia.com/visitor/detail_act.asp?ID=8614


#3 Dated: 17-11-2010
By:- B L Bhojwani

Shri Gopalji Agrawal has rightly pointed out that a bare reading of the provisions of section 2(22)(e) will provide the answer to your query. 

As per section 2(22)(e), any payment by a company of any sum (whether as representing part of the assets of the company or otherwise) by way of advance or loan to a shareholder will, to the extent the company possesses accumulated profits, will be deemed dividend. This will be, inter alia, subject to the condition that the payment should be to :

(a)  a beneficial owner of equity shares holding at least 10% of the voting power;

OR

(b) a concern in which, the above equity shareholder being beneficial owner of atleast 10% of the voting power, is a member or a partner and having a substantial interest.

Substantial interest here means in case of a company beneficial holding of at least 20% of the voting power and in case of a concern other than company, which can be a Hindu undivided family, or a firm or an association of persons or a body of individuals, beneficial interest of 20% in the income of such concern.


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