Loan by foreign subsidary to its indian holding company

This query is : Resolved 

18 February 2013 DEAR ALL,
CAN A FOREIGN SUBSIDIARY GIVE LOAN TO ITS INDIAN HOLDING COMPANY? PLEASE GIVE ME THE LINK FOR THE SAME.


THANKS & REGARDS
NITIN CHHABRA

18 February 2013 i am not sure if the same serves any purpose. Plus, this may trigger deemed dividend! However, you may refer to the "Farida Holdings (P.) Ltd. v Deputy Commissioner of Income-tax [2012] 21 taxmann.com 462 (Chennai – Trib.)" case to avoid deemed dividend.

As far as FEMA issues, may be some FEMA expert should comment on it.

20 February 2013 Foreign Company can give loan to Indian Company but subject to ECB guidelines provided by RBI in this behalf.

I also feel that Deemed Dividend Clause shall not come into picture.

Anuj
femaquery@gmail.com




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