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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

Progress Software Development Private Limited, Hyd, Hyderabad vs. ACIT, Circle-16(2), Hyderabad

In the result appeal of the assessee is allowed

ITA 391/HYD/2015[2010-11]Status: DisposedITAT Hyderabad16 Jul 2024AY 2010-11

Bench: Shri K.Narasimha Chary & Shri Madhusudan Sawdiaआ.अपी.सं / Ita No. 391/Hyd/2015 (िनधा"रण वष" / Assessment Year: 2010-11) Progress Software Development Vs. Asstt.Commissioner Of Pvt. Ltd, Hyderabad Income Tax, Circle 16(2) [Pan : Aadcp4833A] Hyderabad अपीलाथ" / Appellant "" यथ" / Respondent िनधा""रती "ारा/Assessee By: C.A M Sripada & Ca Ashishi Jai राज" व "ारा/Revenue By: Smt. Th Vijaya Lakshmi, Cit( Dr) सुनवाई की तारीख/Date Of Hearing: 20/06/2024 घोषणा की तारीख/Pronouncement On: 16/07/2024 आदेश / Order Per K. Narasimha Chary, J.M: Aggrieved By The Assessment Order Dated 02/02/2014 Passed By The Assessing Officer (“Ld. Ao”), In The Case Of Progress So"Ware Development Private Limited (“The Assessee”) For The Assessment Year 2010-11. Brief Facts Of The Case Are That Originally By Common Order Dated 15/3/2021, A Coordinate Bench Of This Tribunal Disposed Of Ita 391/Hyd/ 2015 Also, Allowing The Plea Of The Assessee. However, Subsequently By Order Dated 10/4/2024 In Ma No. 18/Hyd/ 2022 The Said Order In The Appeal Was Recalled Insofar As Ground No. 12 Rela"Ng To The Interest Paid

For Appellant: C.A M Sripada &For Respondent: Smt. TH Vijaya Lakshmi, CIT( DR)

said order in the appeal was recalled insofar as ground No. 12 rela"ng to the interest paid on loan borrowed from Associated Enterprises (AEs), is concerned. That is how this ma"er has come up for considera"on again. We heard the counsel on ground No. 12. 2. Case

Bosch Rexroth (India) Ltd., Ahmedabad vs. The Income Tax Officer, Ward-1(1)(3), Ahmedabad

In the result, the appeal of the Assessee is allowed

ITA 930/AHD/2015[2010-11]Status: DisposedITAT Ahmedabad12 Jul 2024AY 2010-11

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar, Accountnat Member आयकर अपील सं /Ita No.930/Ahd/2015 "नधा"रण वष" /Assessment Year : 2010-11 Bosch Rexroth (India) Ltd. The Income Tax Officer बनाम/ Near Village Iyava Ward-1(1)(3) Sanand Viramgam Highway Ahmedabad V/S. Tal: Sanand Dist: Ahmedabad – 382 170 "थायी लेखा सं./Pan: Aaacm 9898 F अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri S.N. Soparkar, Sr.Advocate & Shri Parin Shah, Ar Revenue By : Shri Samir Tekriwal, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 04/07/2024 घोषणा क" तार"ख /Date Of Pronouncement: 12/07/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: The Captioned Appeal Preferred By The Assessee Is Against The Order Of The Assessing Officer, Ahmedabad Relating To Assessment Year 2010-11 Passed Under Section 143(3) R.W.S.143C(5) Of The Income-Tax Act, 1961 (In Short “The Act) Order Dated 12/12/2015 Passed In Pursuance Of Directions Of The Dispute Resolution Panel (In Short “Drp”) Under Section 144C(5) Of The Act Dated 10/12/2014. Bosch Rexroth India Ltd. Vs. Ito Asst. Year : 2010-11

For Appellant: Shri S.N. Soparkar, Sr.Advocate and Shri Parin Shah, ARFor Respondent: Shri Samir Tekriwal, CIT-DR
Section 143(3)Section 144C(5)

Dispute Bosch Rexroth India Ltd. vs. ITO Asst. Year : 2010-11 6 Resolution Panel (DRP) concerning the payment of guarantee fees to the Associated Enterprise (AE). 5. During the course of hearing before us, the Ld. Senior Counsel for the assessee highlighted the fact that during ... under:- “17. There is no dispute that all the three entities that is the assessee company, the lender company and the guarantor company are Associated Enterprises. There is also on dispute that the assessee has borrowed the money on interest of 12.25% per annum as against interest of 15% quoted

Tek Systems Global Services Private Limited, Hyderbad vs. DCIT, Circle-2(1), Hyderbad

In the result, appeal filed by the assessee is allowed for statistical purposes

ITA 487/HYD/2022[2018-19]Status: DisposedITAT Hyderabad05 Jul 2024AY 2018-19

Bench: Shri Laliet Kumar & Shri Manjunatha G.आ.अपी.सं /Ita No.487/Hyd/2022 (निर्धारण वर्ा/Assessment Year: 2018-19) Tek Systems Global Vs. Dy. C. I. T. Services (P) Ltd, Circle 2(1) Hyderabad Hyderabad Pan:Aabcf1518Q (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Ms. K. Amulya, Ca रधजस् व द्वधरध/Revenue By:: Shri Jeevan Lal Lavidiya, Cit-Dr सुिवधई की तधरीख/Date Of Hearing: 29/05/2024 घोर्णध की तधरीख/Pronouncement: 05/07/2024 आदेश/Order

For Appellant: Ms. K. Amulya, CAFor Respondent: : Shri Jeevan Lal Lavidiya
Section 143(3)Section 144BSection 144C(13)Section 270A

Tribunal did not err in holding that the loss suffered by the assessee by allowing excess period of credit to the associated enterprises without charging an interest during such credit period would not amount to international transaction whereas section 92B(1) of the Income-tax Act, 1961 refers ... 06/10/2020 Hon'ble TAT, New Delhi held that outstanding debtors beyond an agreed period is a separate international transaction of providing funds to its associated enterprise for which the assessee must have been compensated in the form of interest. 2.7.11 From the above discussion, it could be seen that

The Ramco Cements Ltd., Rajapalayam vs. ACIT Corporate Circle 2, Madurai

The appeals of the revenue stand dismissed

ITA 2196/CHNY/2019[2014-15]Status: DisposedITAT Chennai03 Jul 2024AY 2014-15

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm 1. आयकरअपील सं./ Ita No.957/Chny/2016 (िनधा;रण वष; / Assessment Year: 2010-11) & 2. आयकरअपील सं./ Ita No.958/Chny/2016 (िनधा;रण वष; / Assessment Year: 2012-13) & 3. आयकरअपील सं./ Ita No.2196/Chny/2019 (िनधा;रण वष; / Assessment Year: 2014-15) The Ramco Cements Limited Dcit बनाम (Formerly Known As Madras Cements Ltd) Corporate Circle -2, Ramamandiram, / Vs. Madurai. Rajapalayam-626 117. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aabcm-8375-L (अपीलाथ"/Appellant) : (" थ" / Respondent) & 4. आयकरअपील सं./ Ita No.1274/Chny/2016 (िनधा;रण वष; / Assessment Year: 2010-11) & 5. आयकरअपील सं./ Ita No.1363/Chny/2016 (िनधा;रण वष; / Assessment Year: 2012-13) & 6. आयकरअपील सं./ Ita No.1897/Chny/2017 (िनधा;रणवष; / Assessment Year: 2013-14) Dcit The Ramco Cements Limited बनाम/ Corporate Circle -2, (Formerly Known As Madras Cements Ltd) Ramamandiram, Vs. Madurai. Rajapalayam-626 117. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aabcm-8375-L (अपीलाथ"/Appellant) : (" थ" / Respondent)

For Appellant: Shri J.Prabhakar (CA) &For Respondent: Mrs. Jothi Lakshmi Nayak (CIT)-Ld.DR

Rs.3334.85 Lacs as proposed by Ld. TPO in its order dated 27-10-2016. The assessee carried out certain specified domestic transactions with its associated enterprises which were subjected to determination of Arm’s Length Price (ALP) before Ld. TPO. One of the transactions was transfer of electricity by Alathiyur