MCA vide General Circular No. 01/2017 on Wednesday, 22nd February, 2017 stated that as a consequence of provisions of Section 391(2) of the Companies Act, 2013 brought into force w.e.f. 15th December, 2016, which states that provisions of Chapter XX i.e. Winding Up shall apply mutatis mutandis for closure of place of business of a foreign company in India as if incorporated in India. It has been clarified that the said provisions only if foreign company has issued prospectus or IDRs pursuant to provisions of Chapter XXII i.e. Companies incorporated outside India.
The said Circular can be accessed from the following link:MCA CircularNo01-2017_22.02.2017_Section391(2)