CLARIFICATION UNDER SECTION 372A(3) OF THE COMPANIES ACT, 1956

General Circular No.: 06 /2013

Dated: 14/03/2013

It is observed from the Budget 2013-14 authorizes Union Govt to raise

Rs. 50,000 crores (Tax Free Bonds). These bonds carry a lower rate of interest, currently in the range of 6.75% to 7.50% which is tax free under Section 10(15) (iv)(h) of the Income Tax Act, 1961. Such bonds were also provided for in Budget 2012-13, but the response had been poor due to restrictions under Section 372A(3) of the Companies Act, 1956.

Ministry of Finance had drawn the attention of this Ministry to Section 372A (3) of the Companies Act with a view to effectively implement the announcement made in the Budget. Section 372A (3) of the Act interalia provides that "No loan to anybody corporate shall be mode at a rate of interest lower than the prevailing bonk rate, being standard rate made public under section 49 of the Reserve Bonk of lndio Act, 1934 (2 of 1934)".

lt is hereby clarified that in cases where the effective yield (effective rate of return) on tax free bonds is greater than the yield on prevailing bank rate, there is no violation of Section 372A(3) of Companies Act, 1956.

Regards

CA. Mona Singhal

Partner

Arpit Gupta & Associates

Chartered Accountants

701, Nirmal Tower,

26, Barakhamba Road,

Connaught Place, Delhi-110001

Mobile:- +91-9873082769 

Website: www.caaga.co.in