Discuss the meaning of 'associated enterprises' as defined under section 92A.

CS Professional · Advanced Tax Laws and Practice · PYQS · June 2016
Discuss the meaning of 'associated enterprises' as defined under section 92A.

Answer & Explanation:

'Associated Enterprises' ('AE') has been defined in Section 92A of the Act. It prescribes that "associated enterprise", in relation to another enterprise, means an enterprise— which participates, directly or indirectly, or through one or more intermediaries, in the management or control or capital of the other enterprise; or in respect of which one or more persons who participate, directly or indirectly, or through one or more intermediaries, in its management or control or capital, are the same persons who participate, directly or indirectly, or through one or more intermediaries, in the management or control or capital of the other enterprise. The basic criterion to determine an AE is the participation in management, control or capital (ownership) of one enterprise by another enterprise whereby the participation may be direct or indirect or through one or more intermediaries, control may be direct or indirect.

Topics: Income Tax

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