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“associated enterprise”

Transfer PricingSection 92ASection 92A2,562 judgments

The decision most relied on for associated enterprise is CIT v. EKL Appliances Ltd. (345 ITR 241), cited in 422 judgments on BharatTax.

Leading authorities on associated enterprise

CIT v. EKL Appliances Ltd.
345 ITR 241 · 2012 · High Court
422
citing judgments

Transfer pricing adjustments for outstanding receivables are permissible only if the Tax Officer establishes, through analysis over a period, a pattern indicating an international transaction intended to benefit an associated enterprise. The Tax Officer cannot question purely business decisions like royalty payments or exceed jurisdiction by applying cost-benefit analysis to determine the arm's length price of services.

Sassoon J. David & Co. Pvt. Ltd. v. CIT
118 ITR 261 · 1979 · Supreme Court
323
citing judgments

An expense incurred by an assessee for its own business, such as advertising, marketing, and promotional (AMP) expenses, cannot be disallowed merely because it incidentally or indirectly benefits the assessee's sister concerns or associated enterprises.

CIT v. Everest Kento Cylinders Ltd.
378 ITR 57 · 2015 · High Court
304
citing judgments

Corporate guarantee fees are subject to transfer pricing rules, and adjustments may be needed to account for differences between corporate guarantees and more liquid bank guarantees when determining arm's length price.

CIT v. Cotton Naturals (I) (P.) Ltd.
55 Taxmann.com 523 · 2015 · High Court
273
citing judgments

The interest rate for benchmarking foreign currency loans advanced to Associated Enterprises should be the market-determined rate applicable to the currency of the loan, such as LIBOR for US Dollar loans, rather than a domestic lending rate like the Indian PLR.

CIT v. Agnity India Technologies (P.) Ltd.
36 Taxmann.com 289 · 2013 · High Court
171
citing judgments

The Delhi High Court holds that Infosys Ltd. is not comparable to a captive software development service provider for transfer pricing analysis, given its huge turnover, high profit margins, ownership of intangible intellectual property rights, branded products, and differing risk profile.

DIT v. Morgan Stanley Co. Inc.
399 ITR 34 · 2017 · Supreme Court
162
citing judgments

Once a transfer pricing analysis has been undertaken for an Indian associated enterprise, no further profits are attributable to it as a Permanent Establishment, thereby extinguishing the need for additional profit attribution.

PCIT v. Redington (India) Ltd.
430 ITR 298 · 2021 · High Court
132
citing judgments

A corporate guarantee issued to Associated Enterprises (AEs) is an international transaction under Section 92B, requiring adjustments for guarantee commission due to inherent risk. The reasonable arm's length rate for benchmarking such corporate guarantees can be determined using internal or external comparable uncontrolled prices.

Sony India (P) Ltd. v. DCIT
114 ITD 448 · 2008 · ITAT
131
citing judgments

For transfer pricing purposes, functionally dissimilar entities that have significant business differences must be excluded from the list of comparables for benchmarking analysis. It also provides guidance on the non-allocation of advertisement, marketing, and promotion (AMP) expenses to other entities when incurred solely for the assessee's business.

Judgments citing associated enterprise

M/S. Emerson Automation Solutions Intelligent Platforms Private Limited (Formerly M/S Ge Intelligent Platforms Private Limited), Bangalore vs. The Assistant Commissioner of Income Tax Circle-3(1)(2), Bangalore

In the result, grounds 10 and 11 are allowed for statistical purposes

ITA 356/BANG/2018[2013-14]Status: DisposedITAT Bangalore24 May 2022AY 2013-14

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm It(Tp)A No.356/Bang/2018 : Asst.Year 2013-2014 M/S.Emerson Automation The Assistant Commissioner Solutions Intelligent Platforms Of Income-Tax, Circle 3(1)(2) V. Bangalore. Private Limited (Formerly Known As M/S.Ge Intelligent Platforms Private Limited) Velankani Tech Park, Building 9 First Floor, 43 Hosur Road Bangalore 560 100 Pan : Aaacg7573K (Appellant) (Respondent) Appellant By : S/Sri.Sachit Jolly & Aayush Nagpal, Advocates Respondent By : Sri.Sumer Singh Meena, Cit-Dr Date Of Pronouncement : 24.05.2022 Date Of Hearing : 17.05.2022 O R D E R Per George George K, Jm : This Appeal At The Instance Of The Assessee Is Directed Against Final Assessment Order Dated 30.10.2017 Passed U/S 143(3) R.W.S. 144C Of The I.T.Act. The Relevant Assessment Year Is 2013-2014. 2. The Brief Facts Of The Case Are As Follows: The Assessee Is A Company Engaged In The Business Of Process Industrial Automation That Includes Manufacture & Trading Of Automation Products, Solutions & Services For The Process Controlled Application. For The Relevant Assessment Year The Return Of Income Was Filed By The Assessee On 29.11.2013 Declaring Total Loss Of Rs.1,06,46,560. The 2 It(Tp)A No.356/Bang/2018 M/S.Emerson Automation Solutions Intelligent Platforms Pvt.Ltd Assessment Was Selected For Scrutiny By Issuance Of Notice U/S 143(2) Of The I.T.Act. During The Course Of Assessment Proceedings, The Matter Was Referred To The Transfer Pricing Officer (Tpo) To Determine The Arm’S Length Price (Alp) Of The International Transactions Undertaken By The Assessee With Its Associated Enterprises (Aes). The Tpo Vide Order Dated 31.10.2016 Passed U/S 92Ca Of The I.T.Act Proposed The Following Adjustments:- Segment Value Of Adjustment (Rs.) Manufacturing Segment 4,43,23,760 Hq Charges 86,39,654 Total 5,37,40,836

For Appellant: S/Sri.Sachit Jolly & Aayush Nagpal, AdvocatesFor Respondent: Sri.Sumer Singh Meena, CIT-DR
Section 143(2)Section 143(3)Section 71Section 92C

Transfer Pricing Officer (TPO) to determine the Arm’s Length Price (ALP) of the international transactions undertaken by the assessee with its Associated Enterprises (AEs). The TPO vide order dated 31.10.2016 passed u/s 92CA of the I.T.Act proposed the following adjustments:- Segment Value of adjustment (Rs.) Manufacturing segment

Tesco Bangalore Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, Circle-7(1)(1), Bangalore

In the result, the appeal of the assessee is treated as allowed for statistical purposes

ITA 602/BANG/2016[2011-12]Status: PendingITAT Bangalore23 May 2022AY 2011-12

Bench: Shri N. V. Vasudevan & Shri B. R. Baskaranit(Tp)A No.602/Bang/2016 Assessment Year : 2011-12 M/S. Tesco Bengaluru Private Limited, Dcit, Vs. (Earlier Known As Tesco Hindustan Service Circle – 7(1)(1), Centre Private Limited), Bengaluru. No.81 & 82, Tesco H S C, Epip Area, White Field, Bengaluru-560 066. Pan : Aabct 8915 B Appellant Respondent Assessee By : Shri. T. Suryanarayana, Advocate Revenue By : Shri. Sumer Singh Meena, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 22.02.2022 Date Of Pronouncement : 23.05.2022 O R D E R Per B. R. Baskaran:

For Appellant: Shri. T. Suryanarayana, AdvocateFor Respondent: Shri. Sumer Singh Meena, CIT(DR)(ITAT), Bengaluru
Section 10ASection 143(3)Section 234BSection 234C

reimbursement of expenses. The facts relating thereto are set out in brief. The TPO noticed that the assessee has reimbursed expenses to its Associated Enterprises to the tune of Rs.44,30,01,748/-, which inter alia consisted of an item titled as “Reimbursement of Expenses paid Share based ... clause (j). As per the said definition, the “costs relating to Employee Stock Option Plan or similar stock based compensation provided for by the associated enterprises of the assessee to the employees of the assessee” is included in “Operating Expenses”. The Ld A.R submitted that the assessee has actually included

M/S Aci Worldwide Solutions Private Ltd., Bangalore vs. The Assistant Commissioner of Income Tax, Circle 1(1)(1), Bangalore

In the result, ground 11 is allowed for statistical purposes

ITA 106/BANG/2022[2017-18]Status: HeardITAT Bangalore13 May 2022AY 2017-18

Bench: Shri George George K, Jm & Shri Laxmi Prasad Sahu, Am It(Tp)A No.106/Bang/2022 : Asst.Year 2017-2018 M/S.Aci Worldwide Solutions The Assistant Commissioner Private Limited Of Income-Tax, Circle 1(1)(1) V. Bangalore. No.9, Salarpuria Cambridge Mall Bangalore – 560 008. Pan : Aaacv7566R. (Appellant) (Respondent) Appellant By : Sri.Narendra Kumar Jain, Advocate Respondent By : Sri.Sumer Singh Meena, Cit-Dr Date Of Pronouncement : 13.05.2022 Date Of Hearing : 12.05.2022 O R D E R Per George George K, Jm : This Appeal At The Instance Of The Assessee Is Directed Against Final Assessment Order Dated 31.01.2011 Passed U/S 143(3) R.W.S. 144C(3) R.W.S. 144B Of The Income-Tax Act. The Relevant Assessment Year Is 2017-2018. 2. The Brief Facts Of The Case Are As Follows: The Assessee Is Engaged In The Business Of Rendering Software Development Services & Sales & Marketing Support Services To Its Associated Enterprises (Aes). The Services Are Provided On Cost Plus Basis. The Assessee Is Also Engaged In Software Distribution Activities. During The Course Of Assessment Proceedings, Reference Was Made To The Tpo To Determine The Arm’S Length Price (Alp) Of International Transactions Undertaken By The Assessee With Its Aes. The 2 It(Tp)A No.106/Bang/2022. M/S.Aci Worldwide Solutions Private Limited. Tpo Vide Order Dated 26.01.2021 U/S 92Ca Of The I.T.Act, Proposed The Following Tp Adjustments:-

For Appellant: Sri.Narendra Kumar Jain, AdvocateFor Respondent: Sri.Sumer Singh Meena, CIT-DR
Section 143(3)Section 92C

case are as follows: The assessee is engaged in the business of rendering software development services and sales and marketing support services to its Associated Enterprises (AEs). The services are provided on cost plus basis. The assessee is also engaged in software distribution activities. During the course of assessment proceedings

associated enterprise — 2,562 case laws | BharatTax