If an entity issues the shares to non-resident on non-repatriable basis, whether that entity is required to submit the FLA return?

Non-repatriable share issuance excludes such holdings from foreign investment, so no FLA filing obligation follows.

Shares allotted to a non-resident on a non-repatriable basis are not treated as foreign investment under the Annual Return on Foreign Liabilities and Assets framework of FEMA 1999; therefore, an entity whose only foreign shareholdings are non-repatriable allotments is not required to file the FLA return, the reporting obligation hinging on the repatriability characteristic of the issuance.