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Peninsular Capital Market Ltd. vs Asstt. Cit on 18 May, 2007

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[Section 40A(2)(b)] [Section 40A(2)] [Section 40A] [Complete Act]
Central Government Act
Section 40A(2)(b)(vi) in The Income- Tax Act, 1995
(vi) any person who carries on a business or profession,-
(A) where the assessee being an individual, or any relative of such assessee, has a substantial interest in the business or profession of that person; or
(B) where the assessee being a company, firm, association of persons or Hindu undivided family, or any director of such company, partner of such firm or member of the association or family, or any relative of such director, partner or member, has a substantial interest in the business or profession of that person. Explanation.- For the purposes of this sub- section, a person shall be deemed to have a substantial interest in a business or profession, if,-
(a) in a case where the business or profession is carried on by a company, such person is, at any time during the previous year, the beneficial owner of shares (not being shares entitled to a fixed rate of dividend whether with or without a right to participate in profits) carrying not less than twenty per cent of the voting power; and
(b) in any other case, such person is, at any time during the previous year, beneficially entitled to not less than twenty per cent of the profits of such business or profession.
1. Prior to its omission, the proviso, as amended by the Finance (No. 2) Act, 1971, w. e. f. 1- 4- 1972, read as under:" Provided that the provisions of this sub- section shall not apply in the case of an assessee being a company in respect of any expenditure to which sub- clause (i) of clause (C) of section 40 applies.'