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Participation in management and control is determined based on various factors including:
a) Direct/indirect holding of 26% or more voting power of an enterprise by the other enterprise or by a same person in both the enterprises,
b) Advancing loan by an enterprise that constitutes 51% or more of total book value of assets of the borrowing enterprise,
c) Guaranteeing by an enterprise of 10% or more of total borrowings of the other enterprise,
d) Appointment by an enterprise of more than 50% of board of directors or one or more executive directors of an enterprise, or appointment of specified directorships of both enterprises by a same person,
e) Complete dependence of an enterprise (for carrying on its business) on the intellectual property licensed to it by the other enterprise,
f) Substantial purchase of raw material/ sale of manufactured goods by an enterprise to the other enterprise at prices and conditions influenced by the latter,
g) Existence of any prescribed relationship of mutual interest...
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Both the taxes are however driven by diametrically opposite approaches to valuation in view of the conflicting interests involved for measuring the tax incident.
The categories of associated enterprises in transfer pricing rules are much wider in their scope than those specified for related parties under CVR...
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