Intercorporate Loans & Investments
This query is : Resolved
CA Sahil Singla..
(Querist)
04 June 2011
Sir
It is mentioned in Module that Sec 372A is not applicable in case of gurantee given by A ltd. in respect of loan made by any person to A's wholly own subsidiary.
So does it mean that Sec 372A is applicable to A Ltd in case of guarentee given by it to it's wholly own subsidiary that is B Ltd for laon granted by B to any person ?
It is mentioned in Module that Sec 372A is not applicable in case of gurantee given by A ltd. in respect of loan made by any person to A's wholly own subsidiary.
So does it mean that Sec 372A is applicable to A Ltd in case of guarentee given by it to it's wholly own subsidiary that is B Ltd for laon granted by B to any person ?
CA Sumat Singhal
(Expert)
05 June 2011
Obviously, exemption is granted only when guarantee is provided for or on behalf of subsidiary not for anyother company, so in above case exemption will not be applicable and 372A is applicable.
CA Sahil Singla..
(Querist)
05 June 2011
consider the case
A ltd. provided guarantee to B Ltd., A's wholly own subsidiary for giving loan to C & Co., a partnership firm
so according to u, here 372A is applicable ?
A ltd. provided guarantee to B Ltd., A's wholly own subsidiary for giving loan to C & Co., a partnership firm
so according to u, here 372A is applicable ?
Dhirajlal Rambhia
(Expert)
10 July 2023
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