The cross-border transaction flows are increasingly being scrutinized mainly because in the present times of fiscal constraints, the tax administrations attempt to secure a wider revenue base. The dynamics of changing business structures and regulatory regimes make the analysis of transfer pricing more challenging for the taxpayers and the tax authorities. In India, there is a growing corpus of case laws on transfer pricing.

This book covers the discussion on journey of Transfer Pricing from history to Future. The emergence of the provisions of Transfer Pricing, their evolvement to the current stage with the amendments in the law and the future outlook with BEPS are comprehensively discussed, with an outline on its implication on the stakeholders.

The author has made an endeavor to provide vast commentary on transfer pricing regulations with reference to the judicial pronouncements, not only of India but also which are decided in other geographies like United States, Canada etc. It has been written to make the task of the stakeholders a little easier in complying with the transfer pricing regulations. It covers the discussion on theoretical framework of international business and intra group relations followed by the objects of enquiry into such relations. The implication of BEPS has also been elucidated. It also covers the relevant portions of the OECD and US regulations. The provisions relating to documentation, penalty, risk assessment, audit and Dispute Resolution Mechanism has also been discussed.

Key Features
Updated with all the statutory amendments
Includes discussion on BEPS
Detailed discussion on digital economy and country by country report
Covers Safe Harbor Rules and GAAR
Explicating the determination of Most Appropriate method to ascertain Arm?s length price
Exploring the concept of Dispute Resolution Panel
Incorporating more than 250 domestic as well as international judicial pronouncements

Table of Contents :-

1 International Business And Intra-Group Relations
2 Objects Of Enquiry Into Intra-Group Business Relations
3 Setting The Transfer Price And The Objects Of Auditing Its Outcome
4 Indian Legislation Relating To Transactions Between Associated Enterprises
5 Arm'S Length Methods
6 Transactional Profit Methods
7 Determination Of Arm'S Length Price By The Most Appropriate Method
8 Safe Harbour Rules And General Anti-Avoidance Rule
9 Comparability
10 Transfer Of Intangible Property
11 Provision Of Intra-Group Services
12 Cost Contribution / Sharing Arrangements / Agreements
13 Intra-Group Financing
14 Business Restructuring
15 Burden Of Proof, Documentation And Penalties
16 Risk Assessment And Audits
17 Dispute Resolution Mechanisms
18 The Journey Ahead
19. General Anti Avoidance Rule And Beps
20.Realining Taxation With The Location Of Economic Activity

About the Author

S C Mishra is former Director- General of Income-tax and author of Transfer Pricing Manual. His areas of specialisation include tax policy, capacity building and training. He has wide experience in legislative drafting and amendment of direct tax laws. He has participated in programmes on training methods, tax treaties and comparative tax laws in India and overseas. He has also conducted training programmes on taxation of non-residents. He was involved in designing training programmes for officers of developing countries. As a tax administrator, he investigated into cases of tax frauds comprising also of cross- border transactions. However, the role that he cherishes the most was as a training administrator where his job included identification of training needs, designing course profiles and evaluation of these programmes.

More Details about Transfer Pricing in India Since Inception to BEPS

General Information  
Author(s)S C Mishra
PublisherWolters Kluwer
Edition2nd Edition
Publish YearJanuary 2019