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Related parties

abhishek sarda (Student CA IPC / IPCC) (24 Points)

01 May 2014

Mr A is Director of company ABC and son of Mr A i.e. Mr B is Director of Company XYZ. Are both these Companies related parties as per Companies Act and Income Tax Act. Please specify the related sections.

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CA Sumit Arora (CA) (1410 Points)
Replied 01 May 2014

As per section 2(76) of Companies Act, 2013, ABC and XYZ are not related parties as it does not fall in any of the sub clauses given in that definition. I am quoting the definition herewith for your reference.

(76) “related party”, with reference to a company, means—
(i) a director or his relative;
(ii) a key managerial personnel or his relative;
(iii) a firm, in which a director, manager or his relative is a partner;
(iv) a private company in which a director or manager is a member or
director;
(v) a public company in which a director or manager is a director or holds
along with his relatives, more than two per cent. of its paid-up share capital;
(vi) any body corporate whose Board of Directors, managing director or
manager is accustomed to act in accordance with the advice, directions or
instructions of a director or manager;
(vii) any person on whose advice, directions or instructions a director or
manager is accustomed to act:
Provided that nothing in sub-clauses (vi) and (vii) shall apply to the advice,
directions or instructions given in a professional capacity;
(viii) any company which is—
(A) a holding, subsidiary or an associate company of such company; or
(B) a subsidiary of a holding company to which it is also a subsidiary;
(ix) such other person as may be prescribed;