Total foreign investment calculation clarified: counts direct and indirect foreign holdings and attributes downstream equity by ownership and control. Guidelines prescribe a uniform methodology to compute total foreign investment in Indian companies by aggregating direct foreign investments by non-residents and indirect foreign investments transmitted through Indian investing companies. If an investing company is both owned and controlled by resident Indian citizens (or Indian companies ultimately so owned and controlled), its foreign investment is not attributed as indirect investment in the investee; otherwise the entire downstream investment is treated as indirect foreign investment, with a limited exception for wholly owned subsidiaries. The methodology applies at every investment stage and requires disclosure of ownership, control and inter-se agreements, while preserving sectoral rules.
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Provisions expressly mentioned in the judgment/order text.
Total foreign investment calculation clarified: counts direct and indirect foreign holdings and attributes downstream equity by ownership and control.
Guidelines prescribe a uniform methodology to compute total foreign investment in Indian companies by aggregating direct foreign investments by non-residents and indirect foreign investments transmitted through Indian investing companies. If an investing company is both owned and controlled by resident Indian citizens (or Indian companies ultimately so owned and controlled), its foreign investment is not attributed as indirect investment in the investee; otherwise the entire downstream investment is treated as indirect foreign investment, with a limited exception for wholly owned subsidiaries. The methodology applies at every investment stage and requires disclosure of ownership, control and inter-se agreements, while preserving sectoral rules.
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