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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

M/S. Coretech Ventures (Bangalore) Private Limited, Bangalore vs. The Principal Commissioner of Income Tax, Bengaluru-2, Bangalore

In the result, the appeal filed by the assessee stands dismissed

ITA 746/BANG/2021[2016-17]Status: DisposedITAT Bangalore29 Jul 2022AY 2016-17

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2016-17 M/S. Coretech Ventures (Bangalore) Pvt. Ltd., The Principal Divyasree Chambers’ Commissioner Of Wing-A, O Shaugnessy Income Tax, Road, Bengaluru – 2, Langford Town, Vs. Bengaluru. Bangalore – 560 025. Pan: Aafcc2775E Appellant Respondent : Shri V. Chandrashekar, Assessee By Advocate : Shri V.S. Chakrapani, Cit- Revenue By Dr Date Of Hearing : 01-06-2022 Date Of Pronouncement : 29-07-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against Order Dated 30/03/2021 Passed By Ld.Pcit, Bangalore -2 U/S. 263 Of The Act For A.Y. 2016-17 On Following Grounds Of Appeal: “1. The Order Of Revision Passed By The Learned Principal Commissioner Of Income Tax, Bengaluru -2, Bengaluru, Under Section 263 Of The Act Dated 30/03/2021, In So Far As It Is Against The Appellant Is Opposed To Law, Weight Of Evidence, Probabilities, Facts & Circumstances Of The Appellant'S Case.

For Respondent: Shri V. Chandrashekar
Section 143Section 263Section 80Section 801A

Standard Chartered Bank and IndusindBank.by mortgaging land, building and assignment of lease rentals. Facility of Rs.365 Cr in aggregate is availed jointly with its associated enterprises M/s Divyashreesoftech Realtors Pvt Ltd and M/s DivyashreeTarbus Builders Pvt ltd. and repayment terms are accordingly fixed on an aggregate basis across all three ... bank or another institution. Further assessee company did not have sufficient reserves on its own, hence, borrowed by mortgaging its assets to support associated enterprises” 2.7 Thereafter the Ld.PCIT referring to the merits of the case, held that as the source of the income is not directly connected with

M/S. Blue Coat Network (India) Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, Circle- 1(1)(2), Bangalore

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

ITA 2623/BANG/2019[2015-16]Status: DisposedITAT Bangalore29 Jul 2022AY 2015-16

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 2623/Bang/2019 Assessment Year : 2015-16 M/S. Blue Coat Network (India) Pvt. Ltd., Unit No. 1001 & 1002, The Deputy 10Th Floor, Rmz Campus Commissioner Of 8-B, Income Tax, Plot No. C-L, Sarjapur Circle – 1(1)(2), Marathalli Outer Ring Bangalore. Vs. Road, Bangalore – 560 037. Pan: Aahcs7844Q Appellant Respondent Assessee By : Shri Chavali Narayan, Ca : Dr. Manjunath Karkihalli, Revenue By Cit Dr Date Of Hearing : 14-06-2022 Date Of Pronouncement : 29-07-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against The Final Assessment Order Dated 22/10/2019 Passed By Ld.Dcit, Circle -1 (1)(2), Bangalore For A.Y. 2015-16 On Following Grounds Of Appeal:

For Appellant: Shri Chavali Narayan, CA
Section 143(2)

economic details of the international transaction in form 3CEB. From the details filed, the Ld.TPO observed that assessee performed following functions for its associated enterprises. “2. FUNCTIONAL ANALYSIS OF THE TAXPAYER 2.1. Blue Coat India is the subsidiary of Blue Coat Systems BV, Netherlands, which in turn is a subsidiary ... provide the services as per the agreements. During the year ended March 31, 2015 Blue Coat India had the following International Transactions with its Associated Enterprises; a) Receipt for provision of Software Development Services, b) Receipt for Marketing Support Services, c) Receipt for provision of data center equipment and other

Interactive Brokers (India) P. Ltd, Mumbai vs. DCIT 4(1)(1), Mumbai

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 4860/MUM/2017[2013-14]Status: DisposedITAT Mumbai28 Jul 2022AY 2013-14

Bench: Shri Aby T. Varkey, Jm & Shri O. P. Kant, Am आयकर अपील सं/ I.T.A. (Tp) No.2088/Mum/2017 (निर्धारण वर्ा / Assessment Years: 2012-13) & आयकर अपील सं/ I.T.A. No.4860/Mum/2017 (निर्धारण वर्ा / Assessment Years: 2013-14) Interactive Brokers (India) बिधम/ Dcit-4(1)(1) Pvt Ltd. Aayakar Bhavan, Vs. 502/A, Times Square, Mumbai. Andheri Kurla Road, Andheri (E), Mumbai- 400059. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aabci6871R (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Jeet Kamdar Revenue By: Shri Pankaj Kumar (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 09/06/2022 घोषणा की तारीख /Date Of Pronouncement: 28/07/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Appeals Are Preferred By The Assessee Against The Order Of The Assessing Officer Dated 30.01.2017 First For A.Y.2012-13 & Assessment Order Dated 23.05.2017 For A.Y.2013-14 U/S 143(3) R.W. Section 144C(3) Of The Income Tax Act, 1961 (Hereinafter “The Act”). 2. We First Take Up The Appeal For Ay 2012-13. The Grounds Of Appeal Preferred By The Assessee Read As Under: - “Ground No.1 Disallowance Of Cost Of Administrative Support Services For Internal Audit Support, Clearing & Treasury Support Function 1.1 On The Facts & In The Circumstances Of The Case & In Law, The Learned Dispute Resolution Panel (‘(Drp')/ Income Tax Officer — Dcit, Range 4(1)(1) (‘Ao’) / Learned Transfer Pricing Officer (‘Tpo’) Erred In Re-Computing The Alp Of The International Transaction Of Payment Of Administrative Support Service Fee For Internal Audit Support, Clearing & Treasury Support Function By The Appellant To Its 2

For Appellant: Shri Jeet KamdarFor Respondent: Shri Pankaj Kumar (Sr. AR)
Section 143(3)Section 144C(3)Section 92C

clearing and treasury support function by the Appellant to its 2 ITA. (TP) No.2088/Mum/2017 A.Y. 2012-13 & 2013-14 Interactive Brokers (India) Pvt. Ltd. Associated Enterprises (AEs), as ‘NIL’, leading to an adjustment of Rs. 19,22,164. It is prayed that the concerned international transaction of the Appellant ... National Clearing Corporation Limited. It is also a registered depository participant with SEBI. In Form 3CEB, the assessee had reported international transactions with Associate Enterprises (AEs) involving receipt of administrative support services from IBG LLC (US), Timber Hill Securities Hong Kong Ltd and Timber Hill Europe AG. It was reported

Interactive Brokers (India) P. Ltd, Mumbai vs. DCIT 4(1)(1), Mumbai

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 2088/MUM/2017[2012-13]Status: DisposedITAT Mumbai28 Jul 2022AY 2012-13

Bench: Shri Aby T. Varkey, Jm & Shri O. P. Kant, Am आयकर अपील सं/ I.T.A. (Tp) No.2088/Mum/2017 (निर्धारण वर्ा / Assessment Years: 2012-13) & आयकर अपील सं/ I.T.A. No.4860/Mum/2017 (निर्धारण वर्ा / Assessment Years: 2013-14) Interactive Brokers (India) बिधम/ Dcit-4(1)(1) Pvt Ltd. Aayakar Bhavan, Vs. 502/A, Times Square, Mumbai. Andheri Kurla Road, Andheri (E), Mumbai- 400059. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aabci6871R (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Jeet Kamdar Revenue By: Shri Pankaj Kumar (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 09/06/2022 घोषणा की तारीख /Date Of Pronouncement: 28/07/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Appeals Are Preferred By The Assessee Against The Order Of The Assessing Officer Dated 30.01.2017 First For A.Y.2012-13 & Assessment Order Dated 23.05.2017 For A.Y.2013-14 U/S 143(3) R.W. Section 144C(3) Of The Income Tax Act, 1961 (Hereinafter “The Act”). 2. We First Take Up The Appeal For Ay 2012-13. The Grounds Of Appeal Preferred By The Assessee Read As Under: - “Ground No.1 Disallowance Of Cost Of Administrative Support Services For Internal Audit Support, Clearing & Treasury Support Function 1.1 On The Facts & In The Circumstances Of The Case & In Law, The Learned Dispute Resolution Panel (‘(Drp')/ Income Tax Officer — Dcit, Range 4(1)(1) (‘Ao’) / Learned Transfer Pricing Officer (‘Tpo’) Erred In Re-Computing The Alp Of The International Transaction Of Payment Of Administrative Support Service Fee For Internal Audit Support, Clearing & Treasury Support Function By The Appellant To Its 2

For Appellant: Shri Jeet KamdarFor Respondent: Shri Pankaj Kumar (Sr. AR)
Section 143(3)Section 144C(3)Section 92C

clearing and treasury support function by the Appellant to its 2 ITA. (TP) No.2088/Mum/2017 A.Y. 2012-13 & 2013-14 Interactive Brokers (India) Pvt. Ltd. Associated Enterprises (AEs), as ‘NIL’, leading to an adjustment of Rs. 19,22,164. It is prayed that the concerned international transaction of the Appellant ... National Clearing Corporation Limited. It is also a registered depository participant with SEBI. In Form 3CEB, the assessee had reported international transactions with Associate Enterprises (AEs) involving receipt of administrative support services from IBG LLC (US), Timber Hill Securities Hong Kong Ltd and Timber Hill Europe AG. It was reported

Airlinq Technology Private Limited (Formerly Known As Globetouch Technologies Private Limited), Bengaluru vs. The Deputy Commissioner of Income Tax, Circle-3(1)(1), Bangalore

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

ITA 231/BANG/2021[2016-17]Status: DisposedITAT Bangalore28 Jul 2022AY 2016-17

Bench: Shri George George K, Jm & Shri Laxmi Prasad Sahu, Am It(Tp)A No.231/Bang/2021 : Asst.Year 2016-2017 M/S.Airlinq Technology Pvt. Ltd. The Deputy Commissioner Of (Formerly Known As Globe Touch Income-Tax, Circle 3(1)(1) V. Bangalore. Technologies Private Limited) 306, 100 Feet Road, Binna Mangala Stage – 1, Indiranagar Bangalore – 560 038. Pan : Aafcg7626L. (Appellant) (Respondent) Appellant By : S/Sri.Ajit Kumar Jain & Siddesh Chaugule, Cas Respondent By : Dr.Manjunath Karkihalli, Cit-Dr Date Of Pronouncement : 28.07.2022 Date Of Hearing : 21.07.2022 O R D E R Per George George K, Jm : This Appeal At The Instance Of The Assessee Is Directed Against Final Assessment Order Dated 29.03.2021 Passed U/S 143(3) R.W.S. 144C(13) Of The I.T.Act. The Relevant Assessment Year Is 2016-2017. 3. The Brief Facts Of The Case Are As Follows: The Assessee Was Incorporated On 15.10.2014 As A Wholly Owned Subsidiary Of Globetouch Inc, Usa. The Assessee Is Engaged In The Business Of Rendering Software Development Services (Swd) To Globetouch Inc. For The Assessment Year 2016-2017, The Return Of Income Was Filed Declaring An Income Of Rs.4,23,01,510 Under The Normal Provisions Of The Income-Tax Act. The Assessment Was Selected

For Appellant: S/Sri.Ajit Kumar Jain & Siddesh Chaugule, CAsFor Respondent: Dr.Manjunath Karkihalli, CIT-DR
Section 143(2)Section 143(3)Section 92CSection 92D

Transfer Pricing Officer (TPO) to determine the Arm’s Length Price (ALP) of the international transactions entered by the assessee with its Associated Enterprises (AEs). The TPO, vide his order dated 24.10.2019, passed u/s 92CA of the I.T.Act proposed the Transfer Pricing adjustment of a sum of Rs.2

M/S Quicklogic Software (India) Pvt. Ltd., Bangalore vs. Deputy Commissioner of Income-Tax, Circle-3(1)(1), Bengaluru

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

ITA 181/BANG/2022[2017-18]Status: DisposedITAT Bangalore27 Jul 2022AY 2017-18

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 181/Bang/2022 Assessment Year : 2017-18 M/S. Quicklogic Software (India) Pvt. Ltd., No. 10 Brindavan, The Deputy 3Rd Floor, Commissioner Of Yashoda Nagar Main Income Tax, Road, Circle 3(1)(1), Jakkur Plantation, Vs. Bangalore. Bengaluru – 560 064. Pan: Aaacq0656P Appellant Respondent Assessee By : Shri Mahaveer C Jain, Ca : Shri Sumer Singh Meena Cit Revenue By Dr Date Of Hearing : 12-07-2022 Date Of Pronouncement : 27-07-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against Order Dated 25/01/2022 By The National Faceless Assessment Centre For A.Y. 2017-18 On Following Revised Grounds Of Appeal:

For Appellant: Shri Mahaveer C Jain, CA
Section 142(1)Section 143(2)Section 92C

which,- (i) the net profit margin realised by the enterprise from an international transaction [or a specified domestic transaction] entered into with an associated enterprise is computed in relation to costs incurred or sales effected or assets employed or to be employed by the enterprise or having regard ... 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

Addl CIT RG 4(3), Mumbai vs. Morgan Stanley India Company P. Ltd ( Formerly Known As J M Morgan Stanley Securities P. Ltd), Mumbai

In the result, appeal of the learned Assessing Officer is dismissed and appeal of the assessee is partly allowed

ITA 2320/MUM/2011[2005-06]Status: DisposedITAT Mumbai22 Jul 2022AY 2005-06

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm Morgan Stanley India Company Addl. Cit, P. Ltd. Range 4(3), 18F/19F One Indiabulls Centre, Room No. 635, 6Th Floor, Tower 2-B, 841, Vs. Jupiter Mills Off Senapati Bapat Aaykar Bhavan Marg, Lower Parel, Mumbai-400 020 Mumbai-400 013 (Respondent) (Appellant) Pan No. Aaacj 4998 F Morgan Stanley India Company Addl. Cit, P. Ltd. Range 4(3), 18F/19F One Indiabulls Centre, Room No. 635, 6Th Floor, Tower 2-B, 841, Vs. Jupiter Mills Off Senapati Bapat Aaykar Bhavan Marg, Lower Parel, Mumbai-400 020 Mumbai-400 013 (Respondent) (Appellant)

For Appellant: Shri Sunil M. Lala, ARFor Respondent: Ms. Vatsalaa Jha, CIT DR
Section 14ASection 250Section 40Section 40A(2)

extent of Rs. 102,389,087 on account of the Arm's Length Price (ALP) of brokerage received on trades executed for the Associated Enterprises (AEs), namely, Morgan Stanley Mauritius Company Limited (MS Mauritius) and Morgan Stanley & Co International Limited, United Kingdom (MSIL UK) due to Transfer pricing (TP) adjustment ... Transfer Pricing, 1(4), Mumbai, (the learned Transfer Pricing Officer) for computation of arms length price. 06. Assessee has earned brokerage commission from associate enterprises in Mauritius amounting to Rs. 21,90,69,377/- and UK amounting to Rs. 35,54,824/-. The assessee aggregated all the transactions and adopted

Morgan Stanley India Company P. Ltd, Mumbai vs. Addl CIT RG 4(3), Mumbai

In the result, appeal of the learned Assessing Officer is dismissed and appeal of the assessee is partly allowed

ITA 2206/MUM/2011[2005-06]Status: DisposedITAT Mumbai22 Jul 2022AY 2005-06

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm Morgan Stanley India Company Addl. Cit, P. Ltd. Range 4(3), 18F/19F One Indiabulls Centre, Room No. 635, 6Th Floor, Tower 2-B, 841, Vs. Jupiter Mills Off Senapati Bapat Aaykar Bhavan Marg, Lower Parel, Mumbai-400 020 Mumbai-400 013 (Respondent) (Appellant) Pan No. Aaacj 4998 F Morgan Stanley India Company Addl. Cit, P. Ltd. Range 4(3), 18F/19F One Indiabulls Centre, Room No. 635, 6Th Floor, Tower 2-B, 841, Vs. Jupiter Mills Off Senapati Bapat Aaykar Bhavan Marg, Lower Parel, Mumbai-400 020 Mumbai-400 013 (Respondent) (Appellant)

For Appellant: Shri Sunil M. Lala, ARFor Respondent: Ms. Vatsalaa Jha, CIT DR
Section 14ASection 250Section 40Section 40A(2)

extent of Rs. 102,389,087 on account of the Arm's Length Price (ALP) of brokerage received on trades executed for the Associated Enterprises (AEs), namely, Morgan Stanley Mauritius Company Limited (MS Mauritius) and Morgan Stanley & Co International Limited, United Kingdom (MSIL UK) due to Transfer pricing (TP) adjustment ... Transfer Pricing, 1(4), Mumbai, (the learned Transfer Pricing Officer) for computation of arms length price. 06. Assessee has earned brokerage commission from associate enterprises in Mauritius amounting to Rs. 21,90,69,377/- and UK amounting to Rs. 35,54,824/-. The assessee aggregated all the transactions and adopted