Which of the following are 'dividend' under section 2(40) of the Income-tax Act, 2025, chargeable under…
Section 2(40) of the Income-tax Act, 2025 (formerly s.2(22) of the Income-tax Act, 1961) includes in 'dividend' any distribution of debentures, debenture-stock or deposit…
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Which of the following are 'dividend' under section 2(40) of the Income-tax Act, 2025, chargeable under the head "Income from other sources"?
A. Payment by a company on buy-back of its own shares from a shareholder
B. Distribution to shareholders by a company on the reduction of its capital, to the extent of its accumulated profits
C. Distribution of debentures by a company to its shareholders, to the extent of its accumulated profits
D. Loan granted to a shareholder in the ordinary course of business by a company for which lending of money is a substantial part of its business
E. Loan granted by a company in which the public are not substantially interested to a shareholder holding not less than 10% of the voting power, to the extent of its accumulated profits
Answer and explanation
Correct answer B
Section 2(40) of the Income-tax Act, 2025 (formerly s.2(22) of the Income-tax Act, 1961) includes in 'dividend' any distribution of debentures, debenture-stock or deposit certificates to shareholders to the extent of accumulated profits (sub-clause (b)) (C); any distribution to shareholders on the reduction of capital to the extent of accumulated profits (sub-clause (d)) (B); and any loan or advance by a company in which the public are not substantially interested to a shareholder who beneficially holds not less than 10% of the voting power, to the extent of accumulated profits (sub-clause (e)) (E).
D is excluded because the definition does not include an advance or loan made to a shareholder by a company in the ordinary course of its business where lending of money is a substantial part of that business. A is excluded because the Finance Act, 2026 omitted sub-clause (f), which had treated buy-back payments as dividend, with effect from 1 April 2026; the consideration received on buy-back is now taxed as capital gains under section 69. The correct answer is B, C and E only.
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UGC NET Commerce