VidhiSangh

Supreme Court of India · 18/01/2018

NATIONAL TRAVEL SERVICES versus COMMISSIONER OF INCOME TAX, DELHI, VIII

[2018] 1 S.C.R. 336 · 2018 INSC 35

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Summary

A partnership firm challenged taxation of a company loan as deemed dividend under section 2(22)(e), where its partners held the shares for its benefit. The Court questioned the registered-shareholder requirement adopted in Ankitech and referred the appeals for reconsideration by a three-judge Bench.

Issues

  1. Whether the amended section 2(22)(e) requires a beneficial shareholder also to be a registered shareholder, and whether Ankitech required reconsideration.

Provisions considered

Held

Result

Appeals placed before the Chief Justice of India for constitution of an appropriate three-judge Bench; no final determination of the tax liability.

Judgment PDF: Supreme Court of India, [2018] 1 S.C.R. 336.