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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

Schineler India Pvt Ltd, Mumbai vs. Dcitrg 15(3) (2), Mumbai

In the result, ground no. 6 raised by the assessee is allowed

ITA 724/MUM/2022[2017-18]Status: DisposedITAT Mumbai31 Dec 2025AY 2017-18

Bench: Shri Pawan Singh & Shri Girish Agrawalassessment Year: 2017-18 Schindler India Pvt Ltd Dcit Schindler House, Main Street, Range 15(3) (2) Hiranandani Gardens, Powai, Vs. Mumbai Mumbai - 400076 (Pan: Aaecs1548J) (Appellant) (Respondent) Present For: Assessee : Ms. Chandani Shah, Ms. Niddhi Agarwal & Ms. Riddhi Maru, Cas Revenue : Shri Ajay Chandra, Cit Dr Date Of Hearing : 08.10.2025 Date Of Pronouncement : 31.12.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Final Assessment Order Passed By National Faceless Assessment Centre, Delhi (Nfac) Vide Order No. Itba/Ast/S/143(3)/2021-22/1040015716(1) Dated 22.02.2022 U/S. 143(3) R.W.S. 144C(13) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”) Pursuant To The Directions Of Ld. Dispute Resolution Panel-2, Mumbai, (Drp) Vide Order No. Itba/Drp/F/144C(5)/2021-22/1039079646(1), Dated 25.01.2022, Passed U/S. 144C(5), For Assessment Year 2017-18. 2. Grounds Taken By Assessee Are Reproduced As Under: “Ground I. Legal Grounds

For Appellant: Ms. Chandani Shah, Ms. Niddhi Agarwal and Ms. Riddhi Maru, CAsFor Respondent: Shri Ajay Chandra, CIT DR
Section 143(3)Section 144C(5)Section 92CSection 92C(3)

which includes the year under consideration i.e. FY 2016-17 relevant to AY 2017-18 for certain transactions between itself and its Associated Enterprises (AEs). This APA also covers FY 2011-12 to 2014-15 under the roll back provisions. The coverage of this APA is in respect of transfer ... need for such services, benefit derived by the assessee from the receipts of such services as also the cost allocation methodology adopted by the associate enterprises, all of which has been elaborately dealt in the APA with exhausted documentation. Thus, the stand taken by the authorities below to make

Luxottica India Eyewear Pvt. Ltd., Gurgaon vs. ACIT, New Delhi

Appeal of the assessee is allowed for statistical purposes

ITA 1492/DEL/2015[2010-11]Status: DisposedITAT Delhi31 Dec 2025AY 2010-11

Bench: Ms. Madhumita Roy & Shri Manish Agarwalluxottica India Eyewear Pvt. Ltd., Asst. Cit, 7Th Floor, Dlf Building No.9, Circle-15(2), Tower-B, Phase-Iii, Dlf Cyber Vs. New Delhi. City, Gurgaon-122002, Haryana. Pan-Aabcl3871C (Appellant) (Respondent) Assessee By Ms. Tanmayee Rajkumar, Adv., Ca Department By Shri Dheeraj Kumar Jaiswal, Sr. Dr Date Of Hearing 28.10.2025 Date Of Pronouncement 31.12.2025 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Assessee Against The Final Assessment Order Dated 30.01.2015 Passed U/S 143(3) R.W.S.144C(1) Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’) In Compliance To The Direction Given By Ld. Dispute Resolution Panel (Drp) Vide Order Dated 15.12.2014 For Asst. Year 2010-11. 2. In The Present Appeal, The Co-Ordinate Bench Vide Order Dated 26.05.2017 In Ita No.1492/Del/2015 Has Remand The Issue Of Tp Adjustment Towards Alleged Amp Expenses To The File Of Tpo To Decide Afresh With Certain Directions, However, Luxottica India Eyewear Pvt. Ltd. Vs. Acit Ground In Respect Of Tp Adjustment Made Towards International Transactions Of Import Of Finished Goods Remained Un-Adjudicated.

Section 143(3)Section 92C

that RPM is the MAM for this case. The RPM is applicable in a resale situation, wherein the property or services purchased from an associated enterprise are resold to unrelated enterprises. Further more, RPM is generally adopted where the tested party ie. trader purchases from an associated enterprise and resells

M/S. Gulbrandsen Technologes (India) Pvt. Ltd, Vadodara vs. The ACIT, Circle-1(1)(1), Vadodara

ITA 160/AHD/2022[2017-18]Status: DisposedITAT Ahmedabad23 Dec 2025AY 2017-18

Bench: Shri Sanjay Garg & Shri Makarand Vasant Mahadeokarआयकर अपील सं /Ita No. 160/Ahd/2022 िनधा"रण वष" /Assessment Year : 2017-18 M/S Gulbrandsen Additional/Joint/Deputy/ बनाम/ Technologies (India) Private Assistant Commissioner Of V/S. Limited Income Tax/Income-Tax 405, Synergy Square, Krishna Officer- Industrial Estate, Gowra, National Faceless Assessment Vadodara 390 016 Centre, Delhi "थायी लेखा सं./Pan: Aabcg 9006 E (अपीलाथ(/ Appellant) (") यथ(/ Respondent) Assessee By : Shri Mahesh Agarwal, Ar Revenue By : Shri Kalpesh Rupavatia, Sr. Dr सुनवाई की तारीख/Date Of Hearing : 30/09/2025 घोषणा की तारीख /Date Of Pronouncement: 23/12/2025 आदेश/O R D E R

For Appellant: Shri Mahesh Agarwal, ARFor Respondent: Shri Kalpesh Rupavatia, Sr. DR
Section 143(3)Section 144CSection 144C(13)

Length Price (hereinafter referred to as "ALP") with respect to Interest on External Commercial Borrowings (hereinafter referred to as "ECB") obtained from the associated enterprise. In doing so, they have grossly erred by not accepting the LIBOR based fixed rate of interest agreed at the time of entering into ... rate for the Financial Year 2016-17 instead of the LIBOR rate at the time of commencement of loan agreement between the appellant and associated enterprises. The Appellant prays that above grounds be considered discretely and without prejudice to each other. The Appellant craves leave to add, omit or alter

Shakti Hormann Private Limited, Hyderabad vs. DCIT, Circle-3(1), Hyderabad

ITA 917/HYD/2024[2020-21]Status: DisposedITAT Hyderabad19 Dec 2025AY 2020-21

Bench: Shri Manjunatha G. & Shri Ravish Soodआ.अपी.सं /Ita No.917/Hyd/2024 (निर्धारण वर्ष/Assessment Year:2020-21) Shakti Hormann Private Limited, Hyderabad. Vs. Dcit, Circle-3(1), Hyderabad. Pan: Aadcs4024Q (Appellant) (Respondent) निर्धारिती द्वारा / Assessee By: Shri P. Murali Mohan Rao, Ca राजस्व द्वारा / Revenue By: Ms. U. Mini Chandran, Cit-Dr सुनवाई की तारीख /Date Of Hearing: 15/10/2025 घोषणा की तारीख / Date Of 19/12/2025 Pronouncement: आदेश / Order Per. Ravish Sood, J.M: The Present Appeal Filed By The Assessee Company Is Directed Against The Final Assessment Order Passed By The Assessing Officer (For Short, “A.O.”) Under Section 143(3) R.W.S 144C(13) R.W.S 144B Of The Income Tax Act, 1961 (For Short, “The Act”) Dated 25/07/2024 For The

For Appellant: Shri P. Murali Mohan RaoFor Respondent: Ms. U. Mini Chandran
Section 143(3)Section 144CSection 153Section 92C

present appeal arising from the assessment order, DRP directions and grounds of appeal, viz., (i) TP adjustment towards payment of royalty to Associated Enterprises (AEs): Rs.28,87,492/-; (ii) TP adjustment towards interest on unsecured compulsory convertible debentures (UCCDs): Rs.5,42,937/-; and (iii) TP adjustment towards imputed interest

Sresta Natural Bioproducts Private Limited, Hyderabad vs. DCIT., Circle-3(1), Hyderabad

In the result, appeal of the Assessee is allowed

ITA 711/HYD/2024[2020-21]Status: DisposedITAT Hyderabad19 Dec 2025AY 2020-21

Bench: Shri Vijay Pal Rao & Shri Manjunatha G.आ.अपी.सं /Ita No.711/Hyd/2024 Assessment Year 2020-2021 Sresta Natural Bioproducts Private Limited, Hyderabad. The Dcit, Circle-3(1), Vs. Pin – 500 081. Hyderabad – 500 081. Telangana. Telangana. Pan Aahcs9571J (Appellant) (Respondent) िनधा"रती "ारा /Assessee By: Ca P Murali Mohan Rao राज" व "ारा /Revenue By: Dr. Narendra Kumar Naik, Cit-Dr सुनवाई की तारीख/Date Of Hearing: 11.12.2025 घोषणा की तारीख/Pronouncement: 19.12.2025 आदेश/Order

For Appellant: CA P Murali Mohan RaoFor Respondent: Dr. Narendra Kumar Naik, CIT-DR
Section 143(3)Section 144Section 144CSection 144C(5)Section 153Section 92CSection 92C(3)

erred in not considering the segmental data and not making adjustment only to the extent of transactions with the Associated enterprises. 4.2. The Ld. AO erred in not following the set procedure laid down under the provisions of Section 92C of the Act relating to 'computation of Arm's length ... than the margin of the assessee. 5.10. The Ld. AO ought to have appreciated the fact that allowing of extended credit period to the associated enterprises is closely linked to the determination of sale price, which is in-turn based to arrive at the margins of the assessee