29 December 2015
the assessee company made major investment in equity shares in its subsidery comapany as usa.please advise us whether any disallowance can be made u/s 14A ,on accounts of investment in shares of subsidery company.
Disallowance u/s 14A will not be attracted in case of Investment in Foreign Subsidiary as whatever Income Company may get from it's Subsidiary as a Shareholder will not be exempt from the tax viz. Capital Gain or Dividend.
Even a Strategic Investment in Indian Subsidiary does not attracts disallowance u/s 14A, you can find many case laws in favor.