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    Income Tax - Payment through Credit Card / Debit Card / Electronic Clearance
    Meaning of wholly owned subsidiary company – For the purpose of Advance Ruling
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    June 30, 2007
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    Payment by credit or debit card permitted as valid mode preventing disallowance under Section 40A when made electronically.
    The substituted Rule 6DD provides that no disallowance under Section 40A(3) shall be made where payments exceeding the cash threshold are made by specified payees or by specified modes including letters of credit, telegraphic transfers, book adjustments, bills of exchange payable to a bank, electronic clearing through a bank account, credit cards and debit cards, and where defined exceptions apply for adjustments against liabilities, purchases from producers, cottage industry payments, localities without banks, employee terminal benefits, temporary postings without local bank accounts, bank closures, agent cash payments, and authorised foreign currency dealers.
    June 4, 2007
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    Wholly owned subsidiary concept clarified: authority requires near-total parental shareholding for advance ruling purposes.
    The term wholly owned subsidiary is not defined in the Companies Act, 1956 or other statutes for advance rulings; because absolute 100% ownership is not feasible under the Companies Act, the Advance Ruling Authority applied a functional approach, requiring an overwhelming majority shareholding by the holding company-a near-total parental stake short of absolute totality-to treat an entity as a wholly owned subsidiary for advance ruling purposes.

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