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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

Amadeus India Pvt. Ltd., New Delhi vs. ACIT, Circle 2(2), New Delhi

In the result, the appeal of assessee are allowed

ITA 8700/DEL/2019[2015-16]Status: DisposedITAT Delhi31 May 2021AY 2015-16

Bench: Sh. Anil Chaturvedi & Sh. Amit Shukla(Through Video Conferencing) Amadeus India Pvt. Ltd., Vs. Acit E-9, Connaught Hose, Circle – 2(2), Connaught Place, New Delhi New Delhi - 110001 Pan No. Aaaca 0364 L (Appellant) (Respondent) Assessee By Shri Taran Deep Singh, Adv. Revenue By Shri Surender Pal, Cit-D.R. Date Of Hearing: 18/05/2021 Date Of Pronouncement: 31/05/2021 Order Per Anil Chaturvedi, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 19.09.2019 Of The Asst. Commissioner Of Income Tax, Circle-2(2), Delhi Under Section 143(3) R.W.S 144C(13) Of The Act Pursuant To The Direction Of Dispute Resolution Panel (Drp) – 1, Delhi For Assessment Year 2015-16. 2. The Relevant Facts As Culled From The Material On Records Are As Under :

Section 143(2)Section 143(3)Section 144CSection 144C(2)Section 144C(5)Section 92BSection 92CSection 92C(3)Section 92F

dated 30.09.2016 was issued and served on the assessee. It was noticed that assessee had undertaken international transactions amounting to Rs.152 crore with Associated Enterprises (AE) and thereafter in accordance with the provision of Section 92CA of the I.T. Act, the international transaction and specified domestic transactions entered ... vide order passed on 21st September, 2016 had held that in absence of an agreement, arrangement or understanding between assessee and its associated enterprise for sharing advertisement, marketing and promotion expenses or for incurring advertisement, marketing and promotion expenses for sole benefit of associated enterprise, payments made by the assessee

DCIT, Circle- 11(1), New Delhi vs. Honeywell International (India) Pvt. Ltd., New Delhi

In the result, appeal of the assessee for assessment year 2011 – 12 is partly allowed

ITA 5801/DEL/2017[2011-12]Status: DisposedITAT Delhi24 May 2021AY 2011-12

Bench: Shri Amit Shukla & Shri Prashant Maharishi(Through Video Conferencing) M/S. Honeywell International Vs. Addl Cit (India) Pvt. Ltd, 1St Floor, Range-4, Unitech Trade Centre, New Delhi Sector-43, Block C, Sushant Lok Phase-I, Gurgaon Pan: Aanca7954K (Appellant) (Respondent) Addl Cit, Vs. M/S. Honeywell Special Range-4, International (India) Pvt. Ltd, New Delhi 1St Floor, Unitech Trade Centre, Sector-43, Block C, Sushant Lok Phase-I, Gurgaon Pan: Aanca7954K (Appellant) (Respondent) Dcit, Vs. M/S. Honeywell Circle-11(1), International (India) Pvt. Ltd, New Delhi 1St Floor, Unitech Trade Centre, Sector-43, Block C, Sushant Lok Phase-I, Gurgaon Pan: Aanca7954K (Appellant) (Respondent) M/S. Honeywell International Vs. Dcit, (India) Pvt. Ltd, 1St Floor, Unitech Circle-11(1), Trade Centre, Sector-43, Block New Delhi C, Sushant Lok Phase-I, Gurgaon Pan: Aanca7954K (Appellant) (Respondent)

For Appellant: Shri Deeraj Kr. Jain, Sr. DRFor Respondent: Shri Rajan Vora, CA
Section 10ASection 234CSection 250Section 271(1)(c)

respect of Mark up to be charged in respect of provision of management and administrative services rendered by the assessee to its foreign associated enterprises. APA held that the services rendered by assessee to its foreign AE need to be at cost +16% margin / markup. The learned CIT – A based ... same rational that when similar services are rendered to domestic associated enterprise the assessee would need to earn similar markup i.e. 16% on services rendered to overseas associated enterprise. Therefore as stated in paragraph number 17.6 of the order of the learned CIT – A for assessment year

Honeywell International (India) Pvt. Ltd., New Delhi vs. DCIT, Circle- 11(1), New Delhi

In the result, appeal of the assessee for assessment year 2011 – 12 is partly allowed

ITA 5770/DEL/2017[2011-12]Status: DisposedITAT Delhi24 May 2021AY 2011-12

Bench: Shri Amit Shukla & Shri Prashant Maharishi(Through Video Conferencing) M/S. Honeywell International Vs. Addl Cit (India) Pvt. Ltd, 1St Floor, Range-4, Unitech Trade Centre, New Delhi Sector-43, Block C, Sushant Lok Phase-I, Gurgaon Pan: Aanca7954K (Appellant) (Respondent) Addl Cit, Vs. M/S. Honeywell Special Range-4, International (India) Pvt. Ltd, New Delhi 1St Floor, Unitech Trade Centre, Sector-43, Block C, Sushant Lok Phase-I, Gurgaon Pan: Aanca7954K (Appellant) (Respondent) Dcit, Vs. M/S. Honeywell Circle-11(1), International (India) Pvt. Ltd, New Delhi 1St Floor, Unitech Trade Centre, Sector-43, Block C, Sushant Lok Phase-I, Gurgaon Pan: Aanca7954K (Appellant) (Respondent) M/S. Honeywell International Vs. Dcit, (India) Pvt. Ltd, 1St Floor, Unitech Circle-11(1), Trade Centre, Sector-43, Block New Delhi C, Sushant Lok Phase-I, Gurgaon Pan: Aanca7954K (Appellant) (Respondent)

For Appellant: Shri Deeraj Kr. Jain, Sr. DRFor Respondent: Shri Rajan Vora, CA
Section 10ASection 234CSection 250Section 271(1)(c)

respect of Mark up to be charged in respect of provision of management and administrative services rendered by the assessee to its foreign associated enterprises. APA held that the services rendered by assessee to its foreign AE need to be at cost +16% margin / markup. The learned CIT – A based ... same rational that when similar services are rendered to domestic associated enterprise the assessee would need to earn similar markup i.e. 16% on services rendered to overseas associated enterprise. Therefore as stated in paragraph number 17.6 of the order of the learned CIT – A for assessment year

M/S. Honeywell International (India) Pvt. Ltd., New Delhi vs. Addl. CIT (Inv.), New Delhi

In the result, appeal of the assessee for assessment year 2011 – 12 is partly allowed

ITA 6558/DEL/2016[2010-11]Status: DisposedITAT Delhi24 May 2021AY 2010-11

Bench: Shri Amit Shukla & Shri Prashant Maharishi(Through Video Conferencing) M/S. Honeywell International Vs. Addl Cit (India) Pvt. Ltd, 1St Floor, Range-4, Unitech Trade Centre, New Delhi Sector-43, Block C, Sushant Lok Phase-I, Gurgaon Pan: Aanca7954K (Appellant) (Respondent) Addl Cit, Vs. M/S. Honeywell Special Range-4, International (India) Pvt. Ltd, New Delhi 1St Floor, Unitech Trade Centre, Sector-43, Block C, Sushant Lok Phase-I, Gurgaon Pan: Aanca7954K (Appellant) (Respondent) Dcit, Vs. M/S. Honeywell Circle-11(1), International (India) Pvt. Ltd, New Delhi 1St Floor, Unitech Trade Centre, Sector-43, Block C, Sushant Lok Phase-I, Gurgaon Pan: Aanca7954K (Appellant) (Respondent) M/S. Honeywell International Vs. Dcit, (India) Pvt. Ltd, 1St Floor, Unitech Circle-11(1), Trade Centre, Sector-43, Block New Delhi C, Sushant Lok Phase-I, Gurgaon Pan: Aanca7954K (Appellant) (Respondent)

For Appellant: Shri Deeraj Kr. Jain, Sr. DRFor Respondent: Shri Rajan Vora, CA
Section 10ASection 234CSection 250Section 271(1)(c)

respect of Mark up to be charged in respect of provision of management and administrative services rendered by the assessee to its foreign associated enterprises. APA held that the services rendered by assessee to its foreign AE need to be at cost +16% margin / markup. The learned CIT – A based ... same rational that when similar services are rendered to domestic associated enterprise the assessee would need to earn similar markup i.e. 16% on services rendered to overseas associated enterprise. Therefore as stated in paragraph number 17.6 of the order of the learned CIT – A for assessment year

Addl. CIT, New Delhi vs. M/S. Honeywell International (India) Pvt. Ltd., Gurgaon

In the result, appeal of the assessee for assessment year 2011 – 12 is partly allowed

ITA 6552/DEL/2016[2010-11]Status: DisposedITAT Delhi24 May 2021AY 2010-11

Bench: Shri Amit Shukla & Shri Prashant Maharishi(Through Video Conferencing) M/S. Honeywell International Vs. Addl Cit (India) Pvt. Ltd, 1St Floor, Range-4, Unitech Trade Centre, New Delhi Sector-43, Block C, Sushant Lok Phase-I, Gurgaon Pan: Aanca7954K (Appellant) (Respondent) Addl Cit, Vs. M/S. Honeywell Special Range-4, International (India) Pvt. Ltd, New Delhi 1St Floor, Unitech Trade Centre, Sector-43, Block C, Sushant Lok Phase-I, Gurgaon Pan: Aanca7954K (Appellant) (Respondent) Dcit, Vs. M/S. Honeywell Circle-11(1), International (India) Pvt. Ltd, New Delhi 1St Floor, Unitech Trade Centre, Sector-43, Block C, Sushant Lok Phase-I, Gurgaon Pan: Aanca7954K (Appellant) (Respondent) M/S. Honeywell International Vs. Dcit, (India) Pvt. Ltd, 1St Floor, Unitech Circle-11(1), Trade Centre, Sector-43, Block New Delhi C, Sushant Lok Phase-I, Gurgaon Pan: Aanca7954K (Appellant) (Respondent)

For Appellant: Shri Deeraj Kr. Jain, Sr. DRFor Respondent: Shri Rajan Vora, CA
Section 10ASection 234CSection 250Section 271(1)(c)

respect of Mark up to be charged in respect of provision of management and administrative services rendered by the assessee to its foreign associated enterprises. APA held that the services rendered by assessee to its foreign AE need to be at cost +16% margin / markup. The learned CIT – A based ... same rational that when similar services are rendered to domestic associated enterprise the assessee would need to earn similar markup i.e. 16% on services rendered to overseas associated enterprise. Therefore as stated in paragraph number 17.6 of the order of the learned CIT – A for assessment year