XYZ Ltd is an investment company whose principal business is acquisition of shares and debentures of other companies. The following figures were derived from the books of XYZ Ltd. : Assets: Investment in shares and deben

CS Executive · Company Law · PYQS · December 2021
XYZ Ltd is an investment company whose principal business is acquisition of shares and debentures of other companies. The following figures were derived from the books of XYZ Ltd. : Assets: Investment in shares and debenture ₹95 Lakh Other Assets ₹105 Lakh Total ₹200 Lakh Income : Income from investment business ₹12 Lakh Other Income ₹18 Lakh Total ₹30 Lakh Whether the company is an investment company as per section 186 and eligible to claim exemption given thereunder?

Answer & Explanation:

As per the explanation given under section 186 of the Companies Act, 2013, investment company means a company whose principal business is the acquisition of shares, debentures or other securities and a company will be deemed to be principally engaged in the business of acquisition of shares, debentures or other securities, if its assets in the form of investment in shares, debentures or other securities constitute not less than fifty per cent of its total assets, or if its income derived from investment business constitutes not less than fifty per cent as a proportion of its gross income. In light of the above explanation, the assets of XYZ Ltd. in form of investment in shares or debentures is less than fifty percent of the total assets of the company and also the income derived from the investment business is less than fifty percent of the total income of the company. Hence, either of the two conditions need to be satisfied to make an investment company and, in this case, neither of this condition is satisfied. So, XYZ Ltd. cannot be an investment company for the purpose of Section 186.

Topics: Company Law

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