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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

Humboldt Wedag India Private Ltd, New Delhi vs. DCIT Circle - 10(1), New Delhi

In the result, the appeal filed by the assessee is partly allowed

ITA 4726/DEL/2024[2021-22]Status: DisposedITAT Delhi21 May 2025AY 2021-22

Bench: Shri S.Rifaur Rahman & Shri Vimal Kumarhumboldt Wedag India Private Ltd., Vs. Addl./Joint/Deputy/Asstt. A – 36, Mehtab House, Commission Of Income-Tax, Mohan Co-Op. Estate, Mathura Road, National E-Assessment Centre, New Delhi – 110 044. Circle 10(1), Delhi. (Pan : Aaach7474G) (Appellant) (Respondent) Assessee By : Shri Rajineesh Verma, Ca Ms. Hem Lata Verma, Ca Revenue By : Shri Dharam Veer Singh, Cit Dr Date Of Hearing : 09.04.2025 Date Of Order : 21.05.2025 O R D E R Per S. Rifaur Rahman: 1. This Appeal Is Filed By The Assessee Against The Final Assessment Order Dated 05.09.2024 Passed U/S 143(3) R.W.S.144C (13) Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’) Subsequent To The Directions Of The Ld. Dispute Resolution Panel (Drp)/Tpo Vide Order Dated 07.08.2024 For Assessment Year 2021-22 Raising Following Grounds Of Appeal :- “Pertaining To Transfer Pricing Matters: Adjustment Rs.10,486,841 1. On The Facts & In The Circumstances Of The Case & In Law, The Learned Dispute Resolution Panel ('Ld. Drp'), The Learned Transfer Pricing

For Appellant: Shri Rajineesh Verma, CAFor Respondent: Shri Dharam Veer Singh, CIT DR
Section 143(3)Section 144CSection 144C(8)Section 153Section 234ASection 270ASection 92CSection 92C(2)

circumstances of the case and in law, the Revenue has grossly erred in disallowing the mark-up portion charged by the associated enterprises ("AEs") without providing any cogent reason thereof. In doing so, the Revenue erred in: 4.1 Disregarding the fact that based on the economic and commercial circumstances

Sri Maharaja Refineries, Erode vs. ACIT, Circle-I, Erode

ITA 1956/CHNY/2024[2014-15]Status: DisposedITAT Chennai07 May 2025AY 2014-15

Bench: Shri Manu Kumar Giri & Shri Amitabh Shuklaआयकरअपीलसं./I.T.A.Nos.1955 & 1956/Chny/2024 (निर्धारणवर्ष / Assessment Years: 2013-14 & 2014-15) Sri Maharaja Refineries, # 128, Bhavani Road, Erode-638 004. Vs The Assistant Commissioner Of Income-Tax, Circle-1, Erode. Pan: Aaffs-8491-N (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थीकीओरसे / Appellant By प्रत्यर्थीकीओरसे/Respondent By : Mr. S.Sridhar, Advocate (Erode) : Mr. R.Clement Ramesh Kumar, Cit & Ms.Anitha, Addl.Cit सुनवाईकीतारीख/Date Of Hearing : 19.02.2025 घोषणाकीतारीख / Date Of Pronouncement : 07.05.2025 आदेश / Order Per Manu Kumar Giri, Jm: The Captioned Appeals Filed By The Assessee Are Directed Against Separate Orders Of The Ld. Commissioner Of Income Tax (Appeals)(Nfac), Delhi [Cit(A)] Both Dated 07.06.2024 For

For Respondent: Mr. S.Sridhar, Advocate (Erode)
Section 143(2)Section 143(3)Section 153(5)Section 40A(2)Section 40A(2)(a)Section 40A(2)(b)Section 92

During the year under consideration, the assessee has made purchases/sales from/to the various parties. As the assessee had entered into transactions with the Associated Enterprises (domestic), a reference was made on 30.09.2015 to the Transfer Pricing Officer for determining the Arm's Length Price. The TPO (Deputy Commissioner of Income ... order u/s 92(A)(3) of the Income-tax Act, 1961 suggesting downward adjustment of Rs.6,73,54,391/- on account of purchases from Associated Enterprises. Sufficient opportunity was given to the assessee for filing the submissions and documentary evidences. The assessee filed reply on 21.12.2016 in support

Sri Maharaja Refineries, Erode vs. ACIT, Circle-1, Erode

ITA 1955/CHNY/2024[2013-14]Status: DisposedITAT Chennai07 May 2025AY 2013-14

Bench: Shri Manu Kumar Giri & Shri Amitabh Shuklaआयकरअपीलसं./I.T.A.Nos.1955 & 1956/Chny/2024 (निर्धारणवर्ष / Assessment Years: 2013-14 & 2014-15) Sri Maharaja Refineries, # 128, Bhavani Road, Erode-638 004. Vs The Assistant Commissioner Of Income-Tax, Circle-1, Erode. (प्रत्यर्थी/Respondent) Pan: Aaffs-8491-N (अपीलार्थी/Appellant) अपीलार्थीकीओरसे / Appellant By : Mr. S.Sridhar, Advocate (Erode) प्रत्यर्थीकीओरसे/Respondent By : Mr. R.Clement Ramesh Kumar, Cit & Ms.Anitha, Addl.Cit सुनवाईकीतारीख/Date Of Hearing : 19.02.2025 घोषणाकीतारीख / Date Of Pronouncement : 07.05.2025 आदेश / Order Per Manu Kumar Giri, Jm: The Captioned Appeals Filed By The Assessee Are Directed Against Separate Orders Of The Ld. Commissioner Of Income Tax (Appeals)(Nfac), Delhi [Cit(A)] Both Dated 07.06.2024 For

For Appellant: Mr. S.Sridhar, Advocate (Erode)For Respondent: Mr. R.Clement Ramesh Kumar
Section 143(2)Section 143(3)Section 153(5)Section 40A(2)Section 40A(2)(a)Section 40A(2)(b)Section 92

During the year under consideration, the assessee has made purchases/sales from/to the various parties. As the assessee had entered into transactions with the Associated Enterprises (domestic), a reference was made on 30.09.2015 to the Transfer Pricing Officer for determining the Arm's Length Price. The TPO (Deputy Commissioner of Income ... order u/s 92(A)(3) of the Income-tax Act, 1961 suggesting downward adjustment of Rs.6,73,54,391/- on account of purchases from Associated Enterprises. Sufficient opportunity was given to the assessee for filing the submissions and documentary evidences. The assessee filed reply on 21.12.2016 in support