Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Section 36] [Entire Act]

Union of India - Subsection

Section 36(3) in The Income Tax Act, 2025

(3)For the purposes of sub-section (2) and this sub-section,––
(a)"specified person" shall mean the following,––
(i)in relation to an assessee mentioned in column B of the Table below, the person referred to in column C thereof:—Table
Sl. No.AssesseeSpecified person
ABC
1.Individual.Any relative of the assessee.
2.Company.Any director of the company or his relative.
3.Firm.Partner of the firm or his relative.
4.Association of persons.Member of the association or his relative.
5.Hindu undivided family.Member of the family or his relative;
(ii)any person being an individual or company or firm or association of persons or Hindu undivided family having substantial interest in the business or profession of the assessee, or any director, partner, member thereof or any relatives of such individual, director, partner, member or any other company in which the first mentioned company has substantial interest;
(iii)a company, firm, association of persons, or Hindu undivided family whose director, partner or member has substantial interest in the business or profession of the assessee, or any director, partner or member thereof and their relatives, as the case may be;
(iv)any person carrying on a business or profession, where assessee, being––
(A)an individual or his relative; or
(B)a company, its directors or their relatives; or
(C)a firm, its partners or their relatives; or
(D)an association of persons, its members or their relatives; or
(E)a Hindu undivided family, its members or their relatives,has substantial interest in the business or profession of such person;
(b)a person is deemed to have "substantial interest in the business or profession" if—
(i)in a case where the business or profession is carried on by a company, such person is, at any time during the tax 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 20% of the voting power; and
(ii)in any other case, such person is, at any time during the tax year, beneficially entitled to not less than 20% of the profits of such business or profession.