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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. Finastra Software Solutions (India) Private Limited, Bengaluru vs. Assistant Commissioner of Income Tax, Circle-4(1)(2), Bengaluru

In the result, appeal of the assessee is partly allowed

ITA 2695/BANG/2017[2013-14]Status: DisposedITAT Bangalore21 Dec 2021AY 2013-14

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariit(Tp)A No.2695/Bang/2017 Assessment Year : 2013-14 M/S. Finastra Software Solutions (India) Vs. The Acit, Private Limited, Circle - 4(1)(2), [Formerly Known As Misys Software Solutions Bengaluru. (India) Pvt. Ltd.,], 4Th To 6Th Floor, North Tower, Virgo Building, Bagmane Constellation, Bengaluru – 500 037. Pan : Aaack 9067 G Assessee Respondent Assessee By : Shri. T. Suryanarayana, Advocate Respondent By : Shri. Arunkumar, Cit(Tp-2)(Dr)(Itat), Bengaluru Date Of Hearing : 16.12.2021 Date Of Pronouncement : 21.12.2021 O R D E R Per N. V. Vasudevan: This Is An Appeal By The Assessee Against The Final Order Of Assessment Dated 06.10.2017 Of Acit, Circle – 4(1)(2), Bengaluru, Passed Under Section 143(3) R.W.S. 144C(B) Of The Income Tax Act, 1961 (Act) In Relation To Ay 2013-2014. 2. The Issue That Arises For Consideration In The Above Appeal Pertains To The Aggregate Transfer Pricing Adjustment (“Tp Adjustment”) Of Rs.14,33,66,140/- Made By The Transfer Pricing Officer (‘The Tpo’ For Short) Towards The International Transactions Of Provision Of Software Development Services (Rs.13,56,24,957/-) & Information Technology Enabled Services

For Appellant: Shri. T. Suryanarayana, AdvocateFor Respondent: Shri. Arunkumar, CIT(TP-2)(DR)(ITAT), Bengaluru
Section 143(3)Section 92

Information Technology Enabled services IT(TP)A No.2695/Bang/2017 Page 2 of 20 (Rs. 82,40,297/-) to the assessee’s Associated Enterprises, which was subsequently reworked to Rs.15,49,23,283/- on giving effect to the directions of the Dispute Resolution Panel (‘the DRP’ for short). 3. The assessee ... engaged in the provision of software design and development (“SWD”), IT enabled back office services (“ITES”) and marketing support services to its overseas associated enterprises (“AEs”). In terms of section 92 of the Act, the Income from international transaction (i.e., transaction with AE) had to be determined having regard