Applicability of Section 297 on transaction with foreign Com

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Hi

Whether section 297 of the Companies Act, 1956 is applicable on the transactions of sale/ purchase with a Company based outside india in which some of the director of india company is common. 

Is there any case law on this.

 

 

Replies (8)
Section 297 is not applicable to transaction with a foreign company.

X Limited wants to enter into partnership with Mr.Y in the profit sharing ratio of 9:1 under the name of X Enterprises

a) Can X Limited enter into a partnership with Mr.Y ?

b) Does X Limited require to take a central government's approval for making transaction of purchase of goods or services from X Enterprises(Partnership Firm) u/s 297 of the companies act, assuming that X Limited has paid up share capital of more than 1 crore and Mr. Y is neither a director, employee or relative of the director or employee ?

Sec 297 is not applicable to foreign companies because 297 is applicable only to a contract with a

- director of the company

- his relative

- a firm in which such a director or relative is a partner or any partner in that firm

- a private company of which the director is a member or director

and private company means a company defined in Sec 3.

- Mathi Dada

Originally posted by :PRAVEEN K BHARTI
"

Hi
1) Whether section 297 of the Companies Act, 1956 is applicable on the transactions of service provided ,brokerage ,reimbursement of exp. with a directors .

2) if there is one company is public limited and other is private company ,then sec.297 applies or not

 
 

"


 

1) Whether sec.297 applies if both the companies are private limited

Originally posted by :Guest
" 1) Whether sec.297 applies if both the companies are private limited "


 

Applicable.

Whether service tax is applicable on foreign companies providing services like Installation etc to an Indian company for the goods imported by Indian company from same foreign company.

If yes who is liable to pay for it? 

Originally posted by :Guest
"


Originally posted by :PRAVEEN K BHARTI


"

Hi
1) Whether section 297 of the Companies Act, 1956 is applicable on the transactions of service provided ,brokerage ,reimbursement of exp. with a directors .
2) if there is one company is public limited and other is private company ,then sec.297 applies or not
 
 

ans: 1) yes section 297 is aplicable as only those contracts where there is exchange of goods  are outside the scope of section 297 whereas all the contracts of service are covered by this section...
2) yes this section applies, also that this is to be complied by public company only........this section is inapplicable where the transaction is between public company.........

 
"


 


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