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Advise me

CA Final 761 views 1 replies

Kindly advise

Case:-

EG:- "A" a Indian Company Purchases Computer Hardwares from "B" a foregin company which has no physical presence in India. "C" is the representative of "B" who is functioning in India to co-ordinate with "A". 

B ltd pays  a certain amount to A ltd as Market Development Fund which is to be paid to C.

Since C doesnt have dollar account the funds is being routed through A to C in INR. 

A receives it from B as Market Development and pays to C it as Reimbursement. 

Altd doesnt charge any commision for this transaction, but to strengthen & maintain the relationship with Bltd this ancillary work is being undertaken by A.

For A Ltd:

Kindly advise does the above transaction meant to attract any law or is their any liability part with Altd for carrying such transaction.

Did A ltd get attracted under Hawala or FERA or FEMA or any Tds liability attached to it.

Also suggest ways to make this transaction more geniune.

 

 

Replies (1)

There should be a business relation documented properly.

 


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