Loans to Firm, Body Corporate, Aop's

Pls help with this query:
Abc ltd wants to giv loan to xyz llp. However abc ltd is partner in xyz llp .. Whether the transaction falls under 185 (1) (a) or 185 (1) b?
Replies (4)
Quick Summary
This discussion explores the nuances of Section 185 concerning loans provided to firms, body corporates, and AOPs, particularly when the lender is also a partner. It delves into whether such transactions fall under Section 185(1)(a) or 185(1)(b), and discusses the applicability of Sections 185(2)(c)&(d) and 185(3)(d) if the lender is considered a holding company. The key distinction lies in whether the loan is from a holding company to its subsidiary for business purposes.

185- 1 deals with internal loans from the section summary. Is abc called as the holding company? If so, 185(2)C&D is appropriate and if abc is treated as a Holding company then section 185(3) d is more appropriate. Can you please tell me the abc’c nature of business, how much stake does it hold in xyz lip? 

It comes under 185(1)(a) provided that the loan should be given by the holding company to it's subsidiary company for business purposes exclusively

185-1a is loan from other company to a director of company. 185(3)D is holding to subsidiary. Source: tax gur

I think caclub is not an associate to the above source and it doesn’t allow me to post any links and write their name as well while submitting.

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