|DATE:||(Date of pronouncement)|
|DATE:||December 16, 2008 (Date of publication)|
U/s 2 (22) (e), deemed dividend can be assessed only in the hands of a person who is a “shareholder” of the lender company;
The expression “shareholder” in s. 2 (22) (e) refers to both a registered shareholder and beneficial shareholder. If a person is a registered shareholder but not the beneficial shareholder than the provisions of s. 2(22) (e) will not apply. Similarly if a person is a beneficial shareholder but not a registered shareholder then also the provisions of Sec. 2(22) (e) will not apply.