← All Phrases

“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 1(1)(2), Mumbai vs. Hsbc Professional Services P.Ltd, Mumbai

In the result, the appeal of the revenue is dismissed

ITA 251/MUM/2017[2010-11]Status: DisposedITAT Mumbai29 Nov 2023AY 2010-11

Bench: Shri Aby T Varkey & Shri Amarjit Singhdy. Commissioner Of Vs. M/S Hsbc Professional Income-Tax-1(1)(2) Services Pvt. Ltd. 579, Aayakar Bhawan, 6Th Floor, Shiv Building M.K. Road, Cts No. 139 & 140B, Mumbai – 400 020 Sahar Road, Vile Parle (E) Mumbai – 57 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aabch0705R Appellant .. Respondent [ Appellant By : Madanappa Raghuveer Respondent By : Niraj Sheth Date Of Hearing 14.11.2023 Date Of Pronouncement 29.11.2023 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Revenue Is Directed Against The Order Passed By The Ld. Cit(A)-56, Mumbai, Dated 29.09.2016 For A.Y. 2010- 11. The Revenue Has Raised The Following Grounds Before Us:

For Appellant: Madanappa RaghuveerFor Respondent: Niraj Sheth
Section 143(2)Section 143(3)Section 92C

Transfer Pricing Officer for the determination of Arm’s length Price in respect of the assesse’s international transaction with its associated enterprises. The TOP vide order u/s 92CA(3) dated 27.01.2014 has suggested an adjustment of Rs.3,11,29,645/- in the arm’s length price of its international ... Information Technologies Ltd. & Eclerx Services Ltd. in the list of comparables applied to benchmarking the office support services provided by the assesse to its associated enterprises. The assesse objected for including Vishal Information Technology Limited as comparable on the ground that the said company was engaged in area of operations

DCIT 2(3), Mumbai vs. Zensar Technologies Ltd, Mumbai

In the result, appeal of the Revenue is dismissed

ITA 8389/MUM/2010[2005-06]Status: DisposedITAT Mumbai13 Nov 2023AY 2005-06

Bench: Shri Vikas Awasthy& Shri S. Rifaur Rahmanआअसं.8389/मुं/2010 (िन.व. 2005-06) Dcit-2(3), Room No.555, 5Th Floor, Aaykar Bhavan, M.K.Road, Mumbai – 400 020 ...... अपीलाथ"/Appellant बनाम Vs. M/S. Zensar Technologies Ltd., Magnet House, 2Nd Floor, N.M.Marg, Ballard Estate, Mumbai – 400 001 Pan: Aaacz 0742 K ....."ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Shri Manoj Kumar, Cit - Dr "ितवादी"ारा/Respondent By : Shri Nitesh Joshi, Advocate सुनवाई की ितिथ/ Date Of Hearing : 22/08/2023 घोषणा की ितिथ/ Date Of Pronouncement : 13/11/2023 आदेश/Order Per Vikas Awasthy, Jm:

For Appellant: Shri Manoj Kumar, CIT - DRFor Respondent: Shri Nitesh Joshi, Advocate
Section 10ASection 244ASection 92C

software development assignments. During the period relevant to the Assessment Year under appeal, the assessee inter-alia provided software development services to its Associated Enterprise(AE). To benchmark the transaction, the assessee applied Transactional Net Margin Method (TNMM) as the most appropriate method. The same was accepted by the Transfer ... circumstances of the case and in law, the Ld.CIT(A) erred in deleting the addition of Rs. 30,67.61.000/- in international transactions with associated enterprises ignoring the fact that the same are not at arm length price and ignoring the material placed on record