Examine in the context of provisions contained under section 92A, whether their exist any, relationship as an Associated Enterprises in each of the following independent cases: (ii) Zebra Inc. of UK had supplied the Trad

CS Professional · Direct Tax Law & Practice · PYQS · December 2019
Examine in the context of provisions contained under section 92A, whether their exist any, relationship as an Associated Enterprises in each of the following independent cases: (ii) Zebra Inc. of UK had supplied the Trade Mark and the Business Commercial Rights to Nargis Ltd. of India to carry out business throughout the globe. The business of Nargis Ltd. of India to be carried out is totally dependent on the Trade Mark and the business commercial rights as given by Zebra Inc. of U.K.

Answer & Explanation:

Zebra Inc. of UK has supplied Commercial Right and Trade Mark to the company in India i.e. Nargis Ltd. and without such right a Nargis Ltd. in India cannot carry out its business. As per the provisions of section 92A of the Income-tax Act, 1961, Entities are considered to be Associate Enterprise, if the manufacture or processing of goods or articles of business carried out by one enterprise is wholly dependent on the use of know-how, patents, copyrights, trade-marks, licenses, franchises or any other business or commercial rights of similar nature, or any data, documentation, drawing or specification relating to any patent, invention, model, design, secret formula or process, of which the other enterprise is the owner or in respect of which the other enterprise has exclusive rights. Therefore, there exists a relationship between both the companies (i.e. Zebra Inc. of UK and Nargis Ltd. in India) as an Associate Enterprise.

Topics: International Taxation

Open in Interactive Practice Hub · Full Practice Hub · Chapter Weightage · More in this subject

Related Questions in this Topic