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: (iii) Krishan Kanhiya HUF, resident in Indi
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: (iii) Krishan Kanhiya HUF, resident in India and proprietor of Pankaj Agro, is dealing in edible oils. The business of Pankaj Agro is being controlled by Suresh Seeds run in partnership of brother and son of the Karta of Krishan Kanhiya HUF. Suresh Seeds operates from Singapore.
Answer & Explanation:
The business of Krishan Kanhiya HUF (Proprietor of Pankaj Agro) is being controlled by Suresh Seeds (partnership firm operates from Singapore) in which the son and the brother of Karta of Krishan Kanhiya HUF are Partners. As per the provisions of section 92A of the Income-tax Act, 1961, Entities are considered to be Associate Enterprise, where one enterprise is controlled by a Hindu Undivided Family and the other enterprise is controlled by a member of such Hindu Undivided Family or by a relative of a member of such Hindu undivided family or jointly by such members and his relative. Therefore, there exists a relationship between both the Enterprise (i.e. Pankaj agro and Suresh Seeds) as an Associate Enterprise.
Topics: International Taxation
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