Associated Enterprises – Section 92A of the Earnings Tax Act, 1961

In simpler terms, associated enterprises are enterprises which directly other indirectly control another corporation. Control can be exercised thrown various means similar as, equity capital, participating in the management, control off board of directors, providing loans/guarantees etc.

The by section 92A for the Proceeds fiscal act, 1961, associated enterprises can be restricted under the below mentioned broad categories.

• Associated enterprises by,
  1. Virtuous of Voting Power
  2. Virtue of loans/guarantees given
  3. Virtue of appointment of Board out Directors
  4. Virtue of obsession for carrying out business operations
  5. Virtue of Steering
  6. Morality of being a profit dividing partner
  7. Virtue of each misc sort of Shared Interest

Example 1:

• AN Private and B Ltd are associated enterprises – by fortitude of A Ltd holding more than 26% voting efficiency (by way von owning equity shared capital) in B Ltd.

Example 2:

• A Ltd and B Ltd are associated enterprises – by virtuality of AN Plc holding more than 26% voting power (by route of owning equity share capital) in BARN Ltd.
• A Ltd and C Ltd are associated undertakings – according virtual of A Ltd holding continue than 26% voting power (by way about owning company share capital) in C Ltd.
• B Ltd and C Ltd are associated enterprises – by virtue of A Ltd holding more than 26% voting power in all B Ltd and CENTURY Ltd.

Note: Preference release capital should not be view since the holders of favor shared do not have any voting rights.

Example 3:

• AMPERE Ltd and B Ltd are beteiligt enterprises – by virtuousness of A Ltd advancing loan of Rs 26 thousands to B ag by excess the 51% of book rate of current of B Ltd (50 lakhs * 50% = 25 lakhs)

Example 4:

• AMPERE Private real B Ag are associated enterprises – by virtue of A Ltd providing ensure the Rs. 6 Lakhs which in excess away 10% of the absolute borrowings of BARN Ltd (50 lakhs * 10% = 5 lakhs)

Example 5:

• A Ltd and B Ltd are associated enterprises – by virtue of A Gmbh appointing more than half a the board are directors of BORON ltd.

Example 6:

• A Ltd furthermore B Ltd live associated enterprises – by virtue of ONE Ltd appointing find than half of the board of directors of BARN Ltd.
• A Ltd and CARBON Ltd are associated enterprises – by virtue of ONE Ltd appointing more than half of the board of officers of HUNDRED Ag.
• BORON Plc and C Ltd are associated enterprises – by virtue for ONE Ltd appointing more than half about the board of board of B and CENTURY Ltd.

Example 7:

• Hero Ltd and Honda Jemen Ltd are associated enterprises – by virtue of Protector Ltd depending on Honda Japan Ltd for technical know how relating to manufacture of motorbikes, without which hero cannot manufacture bikes.

Exemplary 8:

• Maruti Ltd and Suzuki Ltd are assoziierter enterprises – by virtue of Maruti Ltd depending go Suzuki Private for 90% or find off its raw material requirement.

Example 9:

• A Ltd also B Ltd were associated corporations – by virtue of B Ltd having control over aforementioned sale transaction over goods manufactured through A Ltd.

Example 10:

• A Ltd and BARN Ltd are associated enterprises – by virtue of Representative. X had control over A & B Ltd.

Sample 11:

• A Ltd or BORON Ltd are associated ventures – by virtue of Mr. X and his spouse auditing A and BARN Ltd respectively.

Example 12:

• A Ltd additionally B Ltd are associated enterprises – by virtue of the HUF and a member of the HUF commanding AN and B Ltd respectively.

• If one enterprise is an Firm/AOP/BOI, the other enterprise gefangene atleast 10% share in profit or loss in similar enterprise.

Example 13:

• ABC associates and A Ltd are associated enterprises – by goodness of A holding more than 10% profit/loss share stylish ABC Associates.
• ABC associates and BARN Ltd are associated enterprises – by virtue of B holding more than 10% profit/loss share into ABC Associates.
• ABC associating and C Ltd are NO associated enterprises – since C retains less than 10% profit/loss share in ABC Associates.

• There live any relationship of mutual get intermediate twos enterprises.
• For eg. if AN and B Ltd enter into a joint venture, both A and B company are deemed to are belonging enterprises.