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CA Sanjiv Kumar

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Taxchopal Latest Questions

CA Sanjiv Kumar
CA Sanjiv KumarEnlightened
Asked: February 27, 2025In: Income Tax

What is the change in capital gain tax as per finance budget 2025?

  1. CA Vishnu Ram Enlightened
    Added an answer on February 27, 2025 at 11:46 am

    Capital Gains Taxation: Before & After Budget 2025 Asset Type Earlier (Before Budget 2025) After Budget 2025 Indexation Allowed? Listed Equity Shares & Equity-Oriented Mutual Funds (Holding > 12 Months) ✅ LTCG up to ₹1 lakh – Tax-free (Section 112A) ✅ LTCG above ₹1 lakh – Taxed at 10% (wiRead more

    Capital Gains Taxation: Before & After Budget 2025

    Asset Type Earlier (Before Budget 2025) After Budget 2025 Indexation Allowed?
    Listed Equity Shares & Equity-Oriented Mutual Funds (Holding > 12 Months) ✅ LTCG up to ₹1 lakh – Tax-free (Section 112A)
    ✅ LTCG above ₹1 lakh – Taxed at 10% (without indexation)
    ✅ LTCG up to ₹1.25 lakh – Now tax-free
    ✅ LTCG above ₹1.25 lakh – Now taxed at 12.5% (without indexation)
    ❌ No Indexation Allowed
    Unlisted Shares (Holding > 24 Months) ✅ LTCG taxed at 20% with indexation (Section 112)
    ✅ Non-residents taxed at 10% (without indexation)
    ✅ No change in tax for residents (still 20% with indexation)
    ✅ Non-residents now taxed at 12.5% (without indexation)
    ✅ Yes, for residents
    Debt-Oriented Mutual Funds (Holding > 36 Months) ✅ LTCG taxed at 20% with indexation (before April 1, 2023)
    🚨 After April 1, 2023 – No indexation, taxed as per slab rate
    ✅ No change – Gains taxed as per income tax slab rate (without indexation) ❌ No Indexation (since April 1, 2023)
    Real Estate (Land & Building) (Holding > 24 Months) ✅ LTCG taxed at 20% with indexation
    ✅ Exemptions available under Sections 54 & 54F if reinvested in property
    ✅ No change – Still 20% with indexation ✅ Yes
    Gold & Other Capital Assets (Holding > 36 Months) ✅ LTCG taxed at 20% with indexation ✅ No change – Still 20% with indexation ✅ Yes
    Cryptocurrency (Virtual Digital Assets – VDAs) ✅ LTCG taxed at 30% (without indexation or deductions) ✅ No change – Still taxed at 30% without indexation ❌ No Indexation Allowed

    🔹 Key Takeaways from Budget 2025

    ✅ Indexation rules remain unchanged – It is still available for unlisted shares, real estate, and gold, but not for listed shares, debt funds, or cryptocurrencies.
    ✅ LTCG tax on listed equity shares & mutual funds has increased from 10% to 12.5% (without indexation).
    ✅ Threshold for tax-free LTCG on listed shares has increased from ₹1 lakh to ₹1.25 lakh.
    ✅ Non-residents (including FIIs) now pay 12.5% instead of 10% on LTCG from unlisted shares.
    ✅ No impact on taxation of debt mutual funds (still taxed at slab rate without indexation).

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CA Sanjiv Kumar
CA Sanjiv KumarEnlightened
Asked: December 17, 2022In: Income Tax

What is the tax liability on withdrawl of PF fund?

  1. dhirajgupt4u Beginner
    Added an answer on June 17, 2024 at 10:50 pm

    PF Withdrawal Rules for Different Purposes Following are the EPF withdrawal rules for different purposes: Medical Eligibility: No eligibility criteria Limit: Six times the monthly basic salary or total employee’s contribution plus the interest, whichever is lower. Conditions: For medical treatment oRead more

    PF Withdrawal Rules for Different Purposes

    Following are the EPF withdrawal rules for different purposes:

    Medical

    • Eligibility: No eligibility criteria
    • Limit: Six times the monthly basic salary or total employee’s contribution plus the interest, whichever is lower.
    • Conditions: For medical treatment of self, spouse, parents or children.

    Marriage

    • Eligibility: Should have been in service for a minimum of 7 years.
    • Limit: Only up to 50% of employee’s contribution to EPF.
    • Conditions: For the marriage of self, daughter/ son, and brother/ sister.

    Education

    • Eligibility: Should have been in service for a minimum of 7 years.
    • Limit: Only up to 50% of employee’s contribution to EPF.
    • Conditions: For your education or for a child’s education that is post-matriculation.

    Purchase or Construction of a House or Purchase of a Land

    • Eligibility: Should have been in service for a minimum of 5 years.
    • Limit:
      • House: Up to 36 times the monthly basic salary plus dearness allowance.
      • Land: Up to 24 times the monthly basic salary plus dearness allowance. (The limits are restricted to the total cost)
    • Conditions:
      • The house or land must be in your name or jointly with the spouse.
      • Withdrawal is allowed only once during the entire service.
      • The construction must begin within six months and must finish within 12 months from the last withdrawn instalment.

    Home Loan Repayment

    • Eligibility: Should have been in service for more than ten years.
    • Limit: Least of the:
      • Up to 36 times of Monthly basic salary plus dearness allowance;
      • Total corpus consisting of employer and employer’s contribution with interest;
      • Total outstanding principal and interest on housing loan.
    • Conditions:
      • The property must be registered in your name or spouse or jointly with the spouse.
      • Submission of required documentation as per the EPFO requirements for a home loan.
      • The PF corpus accumulated in your account or together with your spouse (including the interest) must be more than INR 20,000.

    Home Renovation

    • Eligibility: Should have been in service for a minimum of 5 years.
    • Limit: Least of the:
      • Up to 12 times the monthly basic salary plus dearness allowance;
      • Employee’s contribution plus interest;
      • Total Cost
    • Conditions:
      • The property must be registered in your name or spouse or jointly with the spouse.
      • The home renovation facility can be availed twice:
        • (i) After five years of the completion of the home.
        • (ii) After ten years of the completion of the home.

    Partial Withdrawal before Retirement

    • Eligibility: Can withdraw up to 90% of the accumulated balance plus the interest.
    • Limit: The account holder must be at least  54 years, and withdrawal must be made before one year of superannuation or retirement.
    • Conditions: No other conditions

    Non-Receipt of Wages

    • Eligibility: No eligibility criteria
    • Limit: Your share (employee’s share) with interest.
    • Conditions: You haven’t received wages for a period of more than two months continuously (other than a strike).

    Job Loss

    • Eligibility: No eligibility criteria
    • Limit: Up to 75% of the EPF balance. The remaining 25% can be withdrawn if you are unemployed for two months continuously.
    • Conditions: You are unemployed for a period of not less than one month.

    To meet Pandemic Related Financial Exigencies (Covid-19)

    • Eligibility: No eligibility criteria
    • Limit: Least of the following:
      • Three months basic salary plus dearness allowance;
      • 75% of EPF balance
    • Conditions: If the area where you stay/ employed is declared to be affected by an epidemic or pandemic.

    Investment in Varishtha Pension Bima Yojana

    • Eligibility: After 55 years of age.
    • Limit: Up to 90% of the available EPF balance (including your share, employer’s share and interest).
    • Conditions: The amount must be directly transferred to the Life Insurance Corporation of India for investment in Varishtha Pension Bima Yojana.

    EPF Withdrawal Rules 2023

    Employee Provident Fund investments focus on saving towards retirement. Hence withdraw only if it is an emergency.

     

    Before 5 Years of Service

    Following are the PF withdrawal rules for withdrawing the corpus before five years of continuous service:

    • Withdrawals before five years of continuous service are subject to TDS.
    • No TDS is applicable if the withdrawal amount is less than INR 50,000.
    • As per ITR Forms 2 and 3, it is mandatory for you to provide a detailed breakup of the PF deposits every year.
    • The Income Tax Department can then easily assess whether or not your withdrawals are taxable.
    • They can also check if you are liable to pay additional tax after revaluation.
    • EPF contributions have the following four components to them – Employee’s contribution, Employer’s contribution and the interest on both the deposits.
    • If you have claimed the EPF contributions under Section 80C of the Income Tax Act, 1961, for exemption, then all the four components of the EPF will be taxable.
    • If you haven’t claimed for exemption in the past. The employee’s contribution portion of the corpus will not attract any tax at the time of withdrawal.
    • The tax rates for the withdrawals depend on the income tax slabs in which you fall for that year.
    • The tax will be applicable only in the year of withdrawal but the consideration will be done separately for each year.

    After Retirement

    Following are the PF withdrawal rules for withdrawing the corpus amount after retirement:

    • For withdrawals after the age of 58, EPF Act mandates application for claim of the final settlement. In other words, you should apply for the claim of the final settlement.
    • The total PF corpus or balance comprises both your (employee) contribution and the employer’s contribution.
    • If you have more than ten years of continuous service, you will be eligible for Employee Pension Scheme (EPS) amount as well.
    • In case if you did not complete ten years of service by the time of your retirement you will be able to withdraw the entire EPS sum along with the EPF amount.
    • Completing the service period of 10 years will give you the pension benefits post-retirement.
    • Post-retirement, EPF withdrawals are tax-free. The interest earned on the EPF corpus is taxable after retirement.
    • To claim the funds, you will have to register yourself on the Official EPF member portal. Fill the forms and also claim them online. The entire process is online, and you can also do it in the comfort of your home.

    Tax on EPF Withdrawal

    Before 5 Years of Service

    EPF withdrawals before five years of continuous service attract TDS. If the withdrawal amount is less than INR 50,000, then no TDS is cut. The applicable TDS rate is 10% on withdrawals if the PAN details are furnished. In case PAN details are not provided, then the rate is 34.608%.

    EPF withdrawals made before five years of service are tax-free under the following scenarios:

    • Serious illness
    • Employer’s discontinuation of operations or winding down the organisation.
    • Withdrawals for reasons that do not fall under the employer’s authority.
    • Any advance made under the EPF Scheme is exempt from tax.

    After Retirement

    EPF withdrawals post-retirement (age of 58 years) is completely tax-free. The interest on the EPF amount is taxable as per applicable income tax slab rates. If you do not withdraw the EPF funds post three years of retirement, you will have to pay tax on the interest earned.

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CA Sanjiv Kumar
CA Sanjiv KumarEnlightened
Asked: December 17, 2022In: Accountancy

Can we adjust expenses with income of similar nature?

  1. CA Vishnu Ram Enlightened
    Added an answer on March 16, 2025 at 3:18 pm

    Yes, expenses can be adjusted against income of a similar nature under certain conditions, but this depends on accounting standards, tax laws, and specific business circumstances. Let’s analyze this from an accounting and Ind AS/AS perspective. 1. Accounting Treatment as per Ind AS & AS (A) IndRead more

    Yes, expenses can be adjusted against income of a similar nature under certain conditions, but this depends on accounting standards, tax laws, and specific business circumstances. Let’s analyze this from an accounting and Ind AS/AS perspective.


    1. Accounting Treatment as per Ind AS & AS

    (A) Ind AS Perspective

    📌 Ind AS 1 (Presentation of Financial Statements):

    • It generally requires income and expenses to be shown separately in the financial statements.
    • Offsetting is allowed only when:
      • Required or permitted by another Ind AS
      • It reflects the substance of the transaction

    📌 Ind AS 18 (Revenue Recognition) & Ind AS 115 (Revenue from Contracts with Customers):

    • Expenses that are directly linked to revenue (such as cost of sales in case of trading income) can be adjusted against income.

    📌 Ind AS 37 (Provisions, Contingent Liabilities, and Contingent Assets):

    • If an entity incurs an expense that leads to a compensating claim (e.g., insurance claims, government subsidies), it can be recognized net of the claim if realization is virtually certain.

    (B) AS Perspective (Indian GAAP – Accounting Standards)

    📌 AS 9 (Revenue Recognition):

    • It does not permit netting off expenses against revenue unless they are directly related (e.g., trade discounts, returns).

    📌 AS 5 (Net Profit or Loss for the Period, Prior Period Items, and Changes in Accounting Policies):

    • Extraordinary income and expenses should not be offset against each other but separately disclosed.

    2. When is Offsetting Allowed?

    ✅ Examples Where Adjustment is Allowed:

    • Commission Income vs. Commission Paid: If a company earns commission and pays a commission for the same transaction, they may be netted off.
    • Trading Businesses: Cost of goods sold (COGS) is deducted from sales revenue.
    • Banking Transactions: Interest income and interest expense of the same nature can be reported net if permitted by the standard.

    ❌ Examples Where Adjustment is NOT Allowed:

    • Different sources of income (e.g., rental income vs. business expenses).
    • Operating expenses against unrelated income (e.g., office rent cannot be adjusted against interest income).

    3. Taxation Perspective

    📌 Under Income Tax Act, 1961, netting off is not generally allowed except:

    • Section 70 & 71: Business losses can be set off against business income but not against salary or capital gains.
    • Depreciation as per Section 32: Can be adjusted against business profits.
    • Capital gains adjustments (short-term vs. long-term).

    Final Answer:

    • Ind AS & AS generally prohibit offsetting unless specifically permitted.
    • Business-related expenses can only be adjusted against income of a similar nature (e.g., direct expenses against trading income).
    • Tax laws have specific rules for set-offs, so compliance with Income Tax Act, 1961 is necessary.
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CA Sanjiv Kumar
CA Sanjiv KumarEnlightened
Asked: December 17, 2022In: GST

What are the documents required to apply for GST documents registration for a partnership firm?

  1. CA Vishnu Ram Enlightened
    Added an answer on February 26, 2025 at 6:35 pm

    Basic Documents ✅ PAN Card of the Partnership Firm – The firm must have a separate PAN card issued by the Income Tax Department. ✅ Partnership Deed – A notarized or registered partnership deed is required, mentioning the firm’s name, partners, and profit-sharing ratio. ✅ PAN Cards of All Partners –Read more

    1. Basic Documents

    ✅ PAN Card of the Partnership Firm – The firm must have a separate PAN card issued by the Income Tax Department.
    ✅ Partnership Deed – A notarized or registered partnership deed is required, mentioning the firm’s name, partners, and profit-sharing ratio.
    ✅ PAN Cards of All Partners – Each partner must submit a copy of their PAN card.

    1. Identity & Address Proof of Partners

    Each partner must provide:
    ✅ Aadhaar Card (Mandatory)
    ✅ Passport / Voter ID / Driving License (Any one as additional proof)
    ✅ Latest Passport-Size Photograph

    1. Business Address Proof (Any one of the following)

    ✅ Electricity Bill / Water Bill / Property Tax Receipt (Not older than 2 months)
    ✅ Rent Agreement (If Rented Property) – An agreement between the firm and the property owner.
    ✅ NOC from Property Owner – A No Objection Certificate (NOC) from the property owner (if rented/leased).

    1. Bank Account Proof

    ✅ Cancelled Cheque or Bank Statement – A firm’s bank account statement or a cancelled cheque displaying the firm’s name, account number, and IFSC code.

    1. Authorized Signatory Documents

    ✅ Authorization Letter – If a specific partner is appointed as the authorized signatory, an authorization letter is required.

    1. Digital Signature Certificate (For LLPs & Large Firms)

    ✅ DSC (Digital Signature Certificate) – If the firm is an LLP (Limited Liability Partnership), a DSC of the authorized partner is required for GST filing.

    Key Points to Remember:

    📌 All documents should be clear and self-attested.
    📌 Ensure the mobile number & email ID are active for OTP verification.
    📌 Keep soft copies of the documents ready for online submission

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CA Sanjiv Kumar
CA Sanjiv KumarEnlightened
Asked: March 29, 2022In: Corporate Laws

What is the preservation period of register of members and annual return under the companies Act, 2013 ?

  1. CA Vishnu Ram Enlightened
    Added an answer on May 2, 2025 at 10:57 am

    1. Register of Members As per Section 88(1) of the Companies Act, 2013, every company is required to maintain a register of members (ROM), separately for: Equity shareholders, Preference shareholders, and Debenture holders or other security holders. As per Rule 15 of the Companies (Management and AdRead more

    1. Register of Members

    As per Section 88(1) of the Companies Act, 2013, every company is required to maintain a register of members (ROM), separately for:

    • Equity shareholders,

    • Preference shareholders, and

    • Debenture holders or other security holders.

    As per Rule 15 of the Companies (Management and Administration) Rules, 2014:

    “The register of members shall be preserved permanently.”

    ✔ This applies to all companies, whether private or public.

    📝 Note: In case of a company being wound up, the register must be maintained for 8 years after the dissolution of the company.

    2. Annual Return (MGT-7 / MGT-7A)

    Filed under Section 92 of the Companies Act, 2013.

    🕒 Preservation Period:

    According to Rule 15 of the Companies (Management and Administration) Rules, 2014:

    “Copies of all annual returns and certificates shall be preserved for a period of 8 years from the date of filing with the Registrar.”

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CA Sanjiv Kumar
CA Sanjiv KumarEnlightened
Asked: March 29, 2022In: Corporate Laws

Whether advance taken from customers by real estate company on which no interest has been paid will be treated as advance or deposit as per the Companies Act, 2013?

  1. CA Vishnu Ram Enlightened
    Added an answer on May 2, 2025 at 11:02 am

    Such advance will NOT be treated as a deposit, if it satisfies certain conditions under the Companies Act, 2013 and its Rules. As per Rule 2(1)(c)(xii) of the Companies (Acceptance of Deposits) Rules, 2014, the following amount is not treated as a deposit: “Any amount received in the course of, or fRead more

    Such advance will NOT be treated as a deposit, if it satisfies certain conditions under the Companies Act, 2013 and its Rules.

    As per Rule 2(1)(c)(xii) of the Companies (Acceptance of Deposits) Rules, 2014, the following amount is not treated as a deposit:

    “Any amount received in the course of, or for the purposes of the business of the company — as an advance for supply of goods or provision of services… provided that such advance is appropriated against supply of goods or services within 365 days from the date of receipt of such advance.”

    In Real Estate Context:

    If a real estate company receives advance from home buyers for allotment of flat/property:

    • ✅ It will be treated as advance, not deposit, if:

      • It is received in the ordinary course of business, i.e., sale of flats/units.

      • The amount is appropriated towards the agreement (like allotment, construction milestone payment etc.) within 365 days.

    • ❌ It will be treated as deposit if:

      • The amount remains unadjusted for more than 365 days, and

      • No refund or documented extension is in place.


    📌 Important Note:

    Even if no interest is paid, the classification depends on purpose and utilization, not interest payment.

    Also, RERA (Real Estate Regulation and Development Act, 2016) mandates that 70% of the amount collected from allottees must be kept in a separate escrow account. However, RERA does not override the Companies Act, so the 365-day limit under Companies Act still applies for determining whether it’s a deposit.

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CA Sanjiv Kumar
CA Sanjiv KumarEnlightened
Asked: March 29, 2022In: Corporate Laws

In case deposit is taken from a person who is both a director and a member of the Company, will such receipt of money be treated as deposit or not?

  1. CA Vishnu Ram Enlightened
    Added an answer on May 2, 2025 at 11:04 am

    The classification depends on the capacity in which the amount is given — whether as a director or as a member (shareholder) — and the conditions attached to each case. Under Rule 2(1)(c) of the Companies (Acceptance of Deposits) Rules, 2014, certain amounts are excluded from the definition of 'depoRead more

    The classification depends on the capacity in which the amount is given — whether as a director or as a member (shareholder) — and the conditions attached to each case.

    Under Rule 2(1)(c) of the Companies (Acceptance of Deposits) Rules, 2014, certain amounts are excluded from the definition of ‘deposit’, including:

    📌 1. Amount received from a director (not a deposit)

    As per Rule 2(1)(c)(viii):

    “Any amount received from a director of the company… shall not be treated as deposit provided a declaration is obtained from the director that the amount is not given out of borrowed funds.”

    ✅ Conditions:

    • A declaration in writing that funds are not borrowed.

    • Disclosure in Board’s report.

    📌 2. Amount received from a member (could be a deposit)

    As per Rule 2(1)(c)(vi) (applicable only to private companies under certain exemptions):

    A private company may accept money from its members subject to:

    • Limit of 100% of paid-up share capital + free reserves + securities premium.

    • Filing of Form DPT-3.

    • Compliance with Board resolution and other prescribed conditions.

    🛑 For public companies, money from members is generally treated as deposit, unless it falls under exempted categories.

    💡 Now, if a person is both a Director and a Member, how to treat it?

    • ✅ If the amount is received under Director’s category (with declaration and compliance), it will NOT be treated as deposit.

    • ❌ If the amount is received as a Member/shareholder, it may be treated as deposit, subject to conditions and restrictions — especially in case of public companies.

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CA Sanjiv Kumar
CA Sanjiv KumarEnlightened
Asked: March 28, 2022In: Corporate Laws

Who can sign share certificates of the company?

  1. CA Vishnu Ram Enlightened
    Added an answer on May 2, 2025 at 11:08 am

    As per Section 46 of the Companies Act, 2013 and Rule 5(1) of the Companies (Share Capital and Debentures) Rules, 2014, share certificates must be signed by: Two directors of the company — one of whom must be: Managing Director (MD), or Whole-Time Director (WTD), if any. The Company Secretary (CS),Read more

    As per Section 46 of the Companies Act, 2013 and Rule 5(1) of the Companies (Share Capital and Debentures) Rules, 2014, share certificates must be signed by:

    1. Two directors of the company — one of whom must be:

      • Managing Director (MD), or

      • Whole-Time Director (WTD), if any.

    2. The Company Secretary (CS), if the company has appointed one;

      • If there is no Company Secretary, then by any other person authorised by the Board.

    🖊️ Manner of Signing:

    • The signatures of the directors and CS/authorised person may be printed or affixed digitally, but must be:

      • In accordance with the Articles of Association.

      • Properly authorised by a Board Resolution.

      • Compliant with any applicable Secretarial Standards (SS-1).

    💡 Note:

    • Common Seal is not mandatory, but if the company uses one, it should be affixed in accordance with the provisions of the Articles.

    • The certificate must also be issued within 2 months from the date of allotment (Section 56).

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CA Sanjiv Kumar
CA Sanjiv KumarEnlightened
Asked: March 28, 2022In: Corporate Laws

What is a small company?

  1. CA Vishnu Ram Enlightened
    Added an answer on May 2, 2025 at 11:10 am

    Definition (Section 2(85) of the Companies Act, 2013): A Small Company is a private company that satisfies both of the following conditions: Paid-up share capital does not exceed ₹4 crore; and Turnover as per its last Profit and Loss account does not exceed ₹40 crore. 🆕 (As per MCA Notification dateRead more

    Definition (Section 2(85) of the Companies Act, 2013):

    A Small Company is a private company that satisfies both of the following conditions:

    1. Paid-up share capital does not exceed ₹4 crore; and

    2. Turnover as per its last Profit and Loss account does not exceed ₹40 crore.

    🆕 (As per MCA Notification dated 15th September 2022, and reaffirmed in Budget 2024-25)


    🚫 Exceptions – The following are not considered Small Companies:

    Even if they meet the capital and turnover limits, the following cannot be classified as a small company:

    • A public company

    • A holding or subsidiary company

    • A company registered under Section 8 (non-profit)

    • A company governed by any special Act

    Why Classification Matters?

    Small companies enjoy certain benefits and compliances relaxations, such as:

    • Exemption from cash flow statements.

    • Lesser penalties for defaults.

    • Simplified board meetings and annual returns (can be signed by one director).

    • No need for rotation of auditors.


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CA Sanjiv Kumar
CA Sanjiv KumarEnlightened
Asked: March 28, 2022In: Corporate Laws

Whether the subsidiary of a foreign company be termed as public company or private company as per the Companies Act, 2013.

  1. CA Vishnu Ram Enlightened
    Added an answer on May 6, 2025 at 10:08 am

    A subsidiary of a foreign company registered in India will be treated as a public company under the Companies Act, 2013, if its holding foreign company is a body corporate that would be classified as a public company if registered in India. As per the Explanation to Section 2(71) of the Companies AcRead more

    A subsidiary of a foreign company registered in India will be treated as a public company under the Companies Act, 2013, if its holding foreign company is a body corporate that would be classified as a public company if registered in India.

    As per the Explanation to Section 2(71) of the Companies Act, 2013:

    “A company which is a subsidiary of a company, not being a private company, shall be deemed to be a public company for the purposes of this Act even where such subsidiary company continues to be a private company in its articles.”

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