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Pravin Kumar Saharia   10 January 2009

Definition of Group Co.

Dear Friends,

Pl. clarify the following matter with case laws, if any -

1. A is having 27% shareholding in B and 51% in C whether C can be construed as group co. of B under Foreign Trade Policy.

2. A is Subsidiary co. of B, B is subsidiary of C whether C can be construed as group co. of A under Foreign Trade Policy.

Definition as given in Foreign Trade Policy is as under -

"9.28 Group Company" means two or more enterprises which, directly or indirectly, are in a position to —

(i) exercise twenty-six per cent. or more of the voting rights in the other enterprise; or

(ii) appoint more than fifty percent, of the members of the board of directors in the other enterprise; or 

For the group companies to claim benefits or have their exports counted for benefits to be claimed by another member of the group, the group company should have been in existence atleast 2 years prior to the date of application under any of the export promotion schemes notified in the Policy."



Learning

 6 Replies

Pravin Kumar Saharia   10 January 2009

Please read the point no. as under -


1. A is having 27% shareholding in B and 51% in C whether C can be construed as group co. of A under A foreign Trade policy

Manish Singh (Advocate)     11 January 2009

in both the cases..yes

Samir Das   11 December 2018

Can a public charitable trust promoted by the group be called a group company or is it just a related party? The public charitable trust has been set up for donation of CSR Funds to avail tax deductions under Sec 80G of IT Act.

Samir Das   11 December 2018

Can a public charitable trust promoted by the group be called a group company or is it just a related party? The public charitable trust has been set up for donation of CSR Funds to avail tax deductions under Sec 80G of IT Act.

Samir Das   11 December 2018

Can a public charitable trust promoted by the group be called a group company or is it just a related party? The public charitable trust has been set up for donation of CSR Funds to avail tax deductions under Sec 80G of IT Act.

Samir Das   11 December 2018

Can a public charitable trust promoted by the group be called a group company or is it just a related party? The public charitable trust has been set up for donation of CSR Funds to avail tax deductions under Sec 80G of IT Act.

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