Comment on the following independent situations, whether X Ltd. and Y Ltd. constitute associated enterprises under the provisions of Section 92A : Y Ltd. has the right to appoint one of the executive director of X Ltd. H

CS Professional · Advanced Tax Laws · PYQS · June 2021
Comment on the following independent situations, whether X Ltd. and Y Ltd. constitute associated enterprises under the provisions of Section 92A : Y Ltd. has the right to appoint one of the executive director of X Ltd. However Y Ltd. does not exercise its right and therefore it did not appoint any executive director of X Ltd.

Answer & Explanation:

X Ltd. and Y Ltd. are not associated enterprises. As per section 92A of the Income-tax Act, 1961, two or more enterprises are deemed as associated enterprises if one or more executive director of one enterprise is appointed by other enterprise. In this case, Y Ltd. has actually not appointed any executive director of X Ltd. Merely having a right to appoint is not sufficient. Hence, X Ltd. and Y Ltd. do not qualify as associated enterprises.

Topics: Income Tax - Transfer Pricing

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