Diff. btwn Substantial Interest and...

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Savita

Savita (Querist)
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24 September 2010 What is the difference between "a person having substantial interest" and a "beneficial owner" ?

CMA Arif Farooqui

CMA Arif Farooqui (Expert)
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25 September 2010 substantial interest means, having 20 % or more voting power or having share in profit on 20% or more, whether individually or with relatives.

beneficial owner means , owner of the business.

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Savita

Savita (Querist)
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25 September 2010 Thank you sir.

But I am still not clear whether both the terms are similar or different, because:

1. Sec-2(32) of IT Act defines a personhaving substantial interest as "person who is beneficial owner of shares,not being entitled to fixed share of dividend, whether with or without a right to participate in profits carrrying not less than 20% of voting power."

2.On the other hand when I read Section 94(2) of IT Act, which provides for the prevention of the practice of sale of securities-cum-interest by an assesse who has a "beneficial interest in such securities".

I have the doubt because the former uses the term 'beneficial owner' while defining a person having substantial interest And the latter uses the term 'assesse having beneficial interest'
Please explain.

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