Court Rules Timing Irrelevant for Enterprise Classification in Transfer Pricing u/s 92A(2) of Income Tax Act.

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....TP Adjustment - deemed to be associated enterprises - the contention of the assessee that the status of the enterprise should be examined before entering into the transaction is contrary to the literal meaning of section 92A(2) of the Act which has not restricted the application of the provision, based on prior or subsequent transaction - it makes no difference whether the condition of 51% of the book value of total assets is not fulfilled prior to advancing the loan or subsequent thereto. - AT....