Transfer Pricing

Since the introduction of a separate code on transfer pricing in India by the Finance Act, 2001, transfer pricing has become an important tax issue that significantly affects the multinational enterprises operating in India. In recent years, the litigations in the area of transfer pricing has increased remarkably which require handling of the transfer pricing issues of the Indian companies by an advisor who has profound knowledge of transfer pricing. The Indian transfer pricing regulation is broadly based on the Organisation for Economic Co-operation and Development (OECD) Guidelines for Multinational Enterprises and Tax Administrations. The Indian Transfer Pricing Regulationprescribes various transfer pricing methods of determining arm’s length price of international transaction, impose extensive annual transfer pricing documentation requirements, and contain harsh penal provisions for non-compliance of relevant provisions of law. The Finance Act, 2012, has expanded the scope of application of the Indian transfer pricing regulation by incorporating therein specified domestic transactions. For implementing the OECD’s ‘Base Erosion and Profit Shifting’ (BEPS) Action Plan, 2013’, the Central Board of Direct Taxes has prescribed for maintenance and furnishing of ‘Master File’ and ‘Country-by-Country’ Report by Indian assessees. We offer full-range services in the area of transfer pricing which are stated below:

• Issuance of Accountant’s Report disclosing the international transactions and specified domestic transactions and methods applied in relation thereto
• Preparation of local transfer pricing study report and assistance to the client in preparing master file and country-by-country report
• Preparation of brief for Senior Counsel in respect of Supreme Court and High Court matters
• Representation before the Income Tax Appellate Tribunal (including appeal drafting)
• Representation before the Commissioner of Income Tax (Appeals) (including appeal drafting)
• Representation before the Dispute Resolution Panel (including drafting of objections)
• Representation before the Transfer Pricing Officer
• Advance Pricing Agreement
• Transfer pricing planning and policy determination
• Other advisory services
• Assistance to the client in obtainingadvice / opinion in writing from Senior Counsel in relation to complex transfer pricing issues
• Informing the clients regarding the relevant notification / circular / order/ clarification issued by the CBDT