Clarification required on sec 40a(2)(b)

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The definition of related party includes any company which has substantial interest in any other company. Here, a person is deemed to have substantial interest in a business or profession if such person is the beneficial owner of at least 20% of equity capital or 20% of profits.

My query is that in case of chain holding, is the ultimate holding company a related party of all the companies down the subsidiary chain.

For example, if A ltd. holds 100% equity shares of B ltd. & B ltd. holds 80% equity shares of C ltd. In this can it be said that A ltd. is the beneficial owner of shares in C ltd. and therefore A ltd. & C ltd. are related parties as covered under this section?

Replies (2)

yes it will be considered as an related party as per section 40(A)(2)(b).  This is becasue B is an subsidiary of A. Now B is a holding of C Ltd for 80% share.  So indirectly A ltd also is the benefial owner to teh extent of 80% in C ltd.  While preparing the consolidated B/s of A&B, whatever B holds in C will be cosidered in the consolidated P&L of  A&B Ltd.

Thank you Mr. Karandikar for your response. I have similar views.

Is there any one who has a different view?
 

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