Can you explain the meaning of Substantial interest u/s Sec 2(22)(e)
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Section 2 (22)(e) itself contains the meaning of the same as under:
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;
(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.