Taxability of income in India

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shivam (Querist)
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11 May 2010 I have certain doubts. Pl suggest me what is the correct course of actionn as per Income Tax, Company laws and FEMA Act applicable in India:

1) Can a foreign company aquire the shares of a public limited company registered in India whose shares are not listed with stock excnahge?

2) In case the foreign company takes the entire income with them except cost+10-15% profit for the indian company. Can they do so?

3) Can the foreign company charge certain percentage of profit from the public company in india as commission or technical know-how or else?

Please advice.
Thanks,

taxindiaconnect

taxindiaconnect (Expert)
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11 May 2010 Short Answer to your queries is as following -

1- Yes, the no bar except the commpany has to follow FDI rules of FEMA.
2& 3 - Yes - They have to pass the test of arms length as per section 92 to 92F of the IT Act.

shivam

shivam (Querist)
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11 May 2010 Thanks Rajesh

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