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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

Technimont Spa India Project Office, Mumbai vs. DCIT (It) 4(1)(2), Mumbai

In the result, the appeal of the assessee is partly allowed

ITA 2152/MUM/2017[2012-13]Status: DisposedITAT Mumbai21 Apr 2023AY 2012-13

Bench: Shri Aby T. Varkey, Jm & Shri S Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.2152/Mum/2017 (निर्धारण वर्ा / Assessment Years: 2012-13) M/S. Tecnimont Spa India बिधम/ Deputy Commissioner Of Office Income Tax- 4(1)(2) Vs. Tecnimont Icb House, Room No. 1712 17Th Chincholi Bunder, 504 Link Floor, Air India Building Road, Malad (W), Mumbai- Nariman Point, Mumbai- 400064. 400021 स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaact8224A (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri. M.P. Lohia A/W Pranay Gandhi Revenue By: Shri Manoj Kumar Cit Dr सुनवाई की तारीख / Date Of Hearing: 15/02/2023 घोषणा की तारीख /Date Of Pronouncement: 21/04/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ao Dated Nil Passed U/S 143(3) Read With Section 144C(1) Of The Income Tax Act, 1961 (Hereinafter “The Act”). 2. At The Outset, The Ld. Ar Of The Assessee Brought To Our Notice That The Only Issue Is Regarding The Transfer Pricing Adjustment Made By The Ao Pursuant To The Dispute Resolution Panel (Drp) Direction Dated 23.12.2016. According To The Ld. Ar, The Assessee/Tipo Is A Project Office/Pe Of M/S. Tecnimont Spa (Tcm), A Foreign Company Incorporated At Milan, Italy Which Is Engaged In Engineering & Construction World-Wide In Section Of Chemical, Petro-Chemical Oil & Gas, Energy Etc; According To The Ld. Ar, The Assessee/Tipo Has Been Awarded Inter-Alia Turnkey Project By M/S. Indian Oil Corporation (Hereinafter “M/S. Iocl”) At Panipat Project. & The Assessee/Tipo

For Appellant: Shri. M.P. Lohia a/w PranayFor Respondent: Shri Manoj Kumar CIT DR
Section 143(3)Section 144C(1)

appellant even though the same transaction (being sub- contracting income) has been accepted at arm’s length in the hands of the associated enterprises of the appellant and thereby being mirror transaction, no transfer pricing adjustment is warranted in the hands of the appellant.” 5. At the outset ... same 7 A.Y. 2012-13 Technimont SPA India Ld. TPO while accepting the contract cost was at arm’s length in the hands of associated enterprise (i.e. UEM) has rejected the contract revenue as not being at arm’s length in the hands of appellant