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Comp law

(Querist) 26 September 2012 This query is : Resolved 
There are 2 public companies Company A and Company B . X is a director of company A and a shareholder in company B. Shares of Company B are freely transferable. If X transfers its share in company A at a price higher than the value of the share (transfers share of 50 at rs 200 to company A) can this transfer be considered as a loan under section 295.
Its Urgent kindly reply
Guest (Expert) 27 January 2013
It shall be considered as loan under sec 295 of the act as there is no notice to ROC and declaration to the effect that a and b are subsidiary and holding company under which the share transfer was permissible.


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