Loan by pvt. ltd co to another pvt. ltd com u/s 297

Others 524 views 1 replies

Dear Professionals,

Kindly provide me your valuable suggestion on the following issue-

 

If a pvt. ltd co gives a loan to anothe pvt. ltd co on interest, in both companies one of the directors is common and hence it is a related party transaction u/s 297 of the Companies Act, 1956.

Section 297 includes services in its ambit. In my view, this loan comes under servies because co will charge interest thereon. This transaction not only occures once or twice rather it is recurring in nature in the comany.

Kindly throw light on the above.

Look forward to your kind reply.

Regards,

Harvinder

 

Replies (1)

Till recent past this type of transaction was outside the purview of section 297.

The term service has not been defined expressly or impliedly under section 2 of CA 1956.

Whether the definition will be borrowed from service tax law , specially when services are now being taxed under Negative list from 1st July 2012 is an interesting subject.

I would urge other Member Company Secretaries of this accalimed Forum to discuss this please.

Regards,


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
29 May 2026
Company Secretary - Part time

Shaswat initial support private limited

Ahmedabad

CS

View Details
Company
23 May 2026
Article Assistant

Geeta Manchanda & CO.

New Delhi

CA Inter

View Details
Company
Featured 15 June 2026
Senior Auditor

N. Dhawan & Co

New Delhi

CA Inter

View Details
Company
12 June 2026
Accounts & Taxation Executive

Winshine Financial Services

Mumbai

CA Inter

View Details
Company
10 June 2026
Senior Account Executive

JDS Advisory LLP

Ahmedabad

CA Inter

View Details
Company
26 May 2026
CA / MBA (Finance) / CMA / M.Com (Finance)

Sri Aurobindo Gnostic Centre of Education

New Delhi

CA

View Details
Company
Featured 27 May 2026
Lead Conversion Executive / Sales Closing Executive

SMJ global advisors pvt ltd

New Delhi

B.Com

View Details
Company
01 June 2026
Audit, Taxation & Compliance Executive

R P S K & Associates

Nashik

CA Inter

View Details