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“associated enterprises”

Transfer PricingSection 92ASection 92A2,081 judgments

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

Leading authorities on associated enterprises

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 enterprises

DCIT, Circle - 3(1), Visakhapatnam vs. Snf India Private Limited, Visakhapatnam

ITA 209/VIZ/2025[2016-17]Status: DisposedITAT Visakhapatnam08 Oct 2025AY 2016-17

Bench: Shri Ravish Sood, Hon'Ble & Shri S Balakrishnan, Hon'Bleआयकर अपीलसं./I.T.A.No.204/Viz/2025 (निर्धारणवर्ष/ Assessment Year:2016-17) M/S. Snf (India) Private Limited 19 Jnpc, Ramky Pharmacity Paravada, Visakhapatnam – 531021 Andhra Pradesh [Pan:Aaacp4070A] Vs. Dcit - Circle – 3(1) Income Tax Office Infinity Towers, Sankarmat Road Visakhapatnam – 530016 Andhra Pradesh आयकर अपीलसं./I.T.A.Nos.209 & 210/Viz/2025 (निर्धारणवर्ष/ Assessment Years:2016-17 & 2014-15) Dcit - Circle – 3(1) 35,50-92-35, Sankaramatam Road Opposite Reliance Fresh, Beside Reliance Fresh, Nearby Main Road Madhuranagar, Dwarakanagar Visakhapatnam – 530016 Vs. M/S. Snf (India) Private Limited Plot No. 19 Ponnuru Village, Parawada Mandal Visakhapatnam – 531021 Andhra Pradesh [Pan:Aaacp4070A] करदाता का प्रतिनिधित्व/ Assessee Represented By राजस्व का प्रतिनिधित्व/ Department Represented By सुनवाई समाप्त होने की तिथि/ Date Of Conclusion Of Hearing घोषणा की तारीख/Date Of Pronouncement Shri Kanchan Kaushal, Ca Shri Badicala Yadagiri, Cit(Dr) 01.09.2025 08.10.2025

Section 142(1)Section 143(2)Section 92C

issued on 08.11.2019. It was observed from the Form-3CEB report that the assessee has entered into international transaction with its Associated Enterprise (in short "AE") aggregating to Rs.187.55 Crores. Thereafter, reference was made to Addl.CIT (Transfer pricing), Hyderabad on 15.11.2018 after obtaining approval from the Appropriate Authorities. Accordingly ... vide Order No. ITBA/TPO/F/92CA3/2019-20/1019531492(1) for the A.Y. 2016-17. The assessee has entered into the international transactions as follows: Associated Enterprises Nature of International/Domestic Transactions Amount Received/Receivable (Amount in INR) Amount Paid Payable (Amount in INR) PT SNF Florindo Purchase of various type of polymers and other raw materials

Denso International Asia Co., Ltd., Thailand vs. The Assistant Commissioner of Income Tax, New Delhi

In the result, appeal of the assessee is partly allowed

ITA 402/DEL/2025[2022-23]Status: DisposedITAT Delhi08 Oct 2025AY 2022-23

Bench: Shri Vikas Awasthy & Shri Naveen Chandraआअसं.402/िद"ी/2025(िन.व. 2022-23) Denso International Asia Co. Ltd., 888 Moo 1, Bangna-Trad Road Km 27 5, Bangbo Subdistrict, Samutprakarn Province, Thailand, 10560 ...... अपीलाथ"/Appellant Pan: Aadcd-4652-K बनाम Vs. Assistant Commissioner Of Income Tax, Circle Interantional Taxation 1(2)(2), Civic Centre, ..... "ितवादी/Respondent Minto Road, New Delhi 110002 अपीलाथ" "ारा/ Appellant By : S/Shri Vishal Kalra, Saumyendra Tomar, Advocates & Ms. Taranjeet Kaur, Chartered Accountant "ितवादी"ारा/Respondent By : Shri Nikhil Kumar Govila, Cit(Dr) सुनवाई क" ितिथ/ Date Of Hearing : 10/07/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 08/10/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Assessment Order Dated 28.11.2024, Passed U/S. 143(3) R.W.S 144C(13) Of The Income Tax Act,1961(Hereinafter Referred To As ‘The Act’). 2. Facts Of The Case In Brief As Emanating From Records Are: The Assessee Is A Tax Resident Of Thailand. The Assessee Acts As Regional Service Centre Of The Denso

For Appellant: S/Shri Vishal Kalra, Saumyendra TomarFor Respondent: Shri Nikhil Kumar Govila, CIT(DR)
Section 143(3)Section 9(1)(vii)

Commerce (available on Page 112 to 117 of the Paperbook); c) Copy of entrustment of service agreement entered by the Appellant with its Associated Enterprises (“AEs”)( available on Page 118 to 152 of the Paperbook); and d) Copy of Invoices raised by the Appellant for provision of services(available

Lummus Technology Heat Transfer B.V, Gurugram vs. The Assistant Commissioner of Income Tax, Int. Tax, Gurugram

In the result, appeal of the assessee is allowed

ITA 3741/DEL/2023[2021-22]Status: DisposedITAT Delhi06 Oct 2025AY 2021-22

Bench: Shri Vikas Awasthy & Shri Naveen Chandraआअसं.3741/िद"ी/2023(िन.व. 2021-22) Lummus Technology Heat Transfer B.V, Second Floor, Infinity Tower B, Dlf Cyber City, Sector 25A, Phase Ii, Gurugram, Haryana 122001 ...... अपीलाथ"/Appellant Pan: Aabca-9045-K बनाम Vs. Assistant Commissioner Of Income Tax, International Taxation, Gurugram, ..... "ितवादी/Respondent Haryana 122001 अपीलाथ" "ारा/ Appellant By : Shri Vishal Kalra, Advocate, Ms. Reema Grewal, Chartered Accountant & Ms. Snigdha Gautam, Advocate "ितवादी"ारा/Respondent By : Shri Nikhil Kumar Govila, Cit सुनवाई क" ितिथ/ Date Of Hearing : 07/07/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 06/10/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Assessment Order Dated 27.10.2023, Passed U/S. 143(3) R.W.S 144C(13) Of The Income Tax Act,1961(Hereinafter Referred To As ‘The Act’). 2. The Gist Of Grounds Raised By The Assessee In Appeal Assailing The Assessment Order Is As Under:

For Appellant: Shri Vishal Kalra, AdvocateFor Respondent: Shri Nikhil Kumar Govila, CIT
Section 143(3)Section 40Section 80G

assessee has a Branch Office in India. It is engaged in providing Engineering Design Services and supply of equipment to its head office, other associated enterprises and third-party customers in oil, gas, fertilizer and petrochemical industries in India. In respect of ground of appeal no. 2, the ld. Counsel

Assistant Commissioner of Income Tax, Central Circle-19, Delhi, New Delhi vs. M/S Jkm Infra Projects Ltd., Noida, Uttar Pradesh

In the result, the appeal of the revenue is dismissed and Cross

ITA 3031/DEL/2025[2013-14]Status: DisposedITAT Delhi30 Sept 2025AY 2013-14

Bench: Shri M. Balaganesh & Shri Sudhir Kumaracit, Vs. M/S. Jkm Infra Projects Ltd, Central Circle-19, Sector-9, Noida Delhi Maharishinagar, Maharishi Nagar, So Gautam Budh Nagar, Up 201304 (Appellant) (Respondent) Pan: Aabcj3577H Co 132/Del/2025 (In Ita No. 3031/Del/2025) (Assessment Year: 2013-14) M/S. Jkm Infra Projects Ltd, Vs. Acit, Sector-9, Noida Central Circle-19, Maharishinagar, Maharishi Delhi Nagar, So Gautam Budh Nagar, Up 201304 (Appellant) (Respondent) Pan: Aabcj3577H

For Appellant: Shri Ved Jain, AdvFor Respondent: Shri Om Prakash, Sr. DR
Section 143(3)Section 147Section 148Section 149Section 149(1)Section 149(1)(b)

India. It has been unearthed that Idemia India and its group entities have deployed various mechanisms through which it is shifting profit to their Associated Enterprises (AEs) especially Idemia France SAS and Idemia Germany GmBH. Investigation have revealed various tax-avoiding arrangements operated by the group entities like export sales ... filed for F. Y. 201516 relevant to A. Y. 2016-17 by way of various tax-avoiding arrangements and shifting profits to their Associated Enterprises (AEs) outside India. Therefore, as specified u/s 149(l)(b) of the Income-tax Act, 1961 read CO 132/Del/2025 M/s. JKM Infra Projects Ltd with