TRANSFER PRICING

INTRODUCTION
• Transfer price is, a price which represents the
value of good; or services between
independently operating units of an organization.

• Reasons : A) Globalisation
B) The rise of the multinational
corporation
 Relevant Definitions :-
Transfer Pricing - Arm's Length Price
92F (ii) arms length price means a price which is applied or proposed to
be applied in a transaction between persons other than associated
enterprises, in uncontrolled conditions.

Permanent Establishment
92F (iiia) permanent establishment, referred to in clause (iii), includes a
fixed place of business through which the business of the enterprise is
wholly or partly carried on;

Transaction
92F (v) transaction includes an arrangement, understanding or action in
concert,
(A) whether or not such arrangement, understanding or action is
formal or in writing; or
(B) whether or not such arrangement, understanding or action is
intended to be enforceable by legal proceeding
 Relevant Definitions :-
Enterprise 92F (iii) -
Enterprise means a person (including a permanent establishment of
such person) who is, or has been, or is proposed to be, engaged in
any activity,
relating to the production, storage, supply, distribution, acquisition or
control of articles or goods, or know-how, patents, copyrights, trade-
marks, licences, franchises or any other business or commercial rights
of similar nature, or any data, documentation, drawing or specification
relating to any patent, invention, model, design, secret formula or
process,
of which the other enterprise is the owner or in respect of which the
other enterprise has exclusive rights, or the provision of services of
any kind, or in carrying out any work in pursuance of a contract, or in
investment, or providing loan or in the business of acquiring, holding,
underwriting or dealing with shares, debentures or other securities of
any other body corporate, whether such activity or business is carried
on, directly or through one or more of its units or divisions or
subsidiaries, or whether such unit or division or subsidiary is located
at the same place where the enterprise is located or at a different
place or places.
• Associated enterprise (AE) [Section 92A]
The basic criterion to determine associated enterprises is the
participation in management, control or capital (ownership) of one
enterprise by another enterprise.
The participation may be direct or indirect or through one or more
intermediaries.

For Example :

If enterprise B is managed, controlled or owned either directly

or through an intermediary, then Enterprise B is said to be an AE of
enterprise A.
International Transaction [Section 92B]:
• International transaction is defined to mean a transaction between
two or more associated enterprises of which either both or anyone is
a non-resident, in the nature of:

• Purchase, sale or lease of tangible property or intangible property;

or

• Provision of services: or

• Landing or borrowing of money: or

• Any transaction having a bearing on the profits, income, losses or

assets.

• Mutual agreement or arrangement between two or more associated

enterprises for the allocation or apportionment of any contribution,
cost or expense.
 Computation of arm’s length price (Section 92C)
Methods recognized to arrive at arm’s length price are:

• comparable uncontrolled price method (CUP)

• resale price method (RPM)
• cost plus method (CPM)
• Profit split method (PSM)
• Transactional net margin method (TNM)
• Such other method as may be prescribed by the Board.
Penalty for failure to keep and maintain information and
document in respect of international transaction

According to sub -section (i) or (ii) sec92D a person has to keep and
maintain information and document in respect of international transaction
.If he fails to do so the Assessing Officer may direct that such person
shall pay, by way of penalty, a sum equal to two per cent of the value of
each international transaction entered into by such person.

Penalty for failure to furnish information and document

under sec92D

If any person who has entered into an international transaction fails

to furnish any such information or document sub-section(3) of sec92D
the Assessing Officer or the Commissioner (Appeals) may direct that
such person shall pay, by way of penalty, a sum equal to two per cent
of the value of the international transaction for each such failure
Penalty for failure to furnish report under sec92E

The report from an accountant required to be furnished under section 92E by every
person who has entered into an international transaction during a previous year
shall be in Form No. 3CEB and be verified in the manner indicated therein
If any person fails to furnish a report from an accountant as required by
section92E , the Assessing Officer may direct that such person shall pay,
by way of penalty, a sum of one hundred thousand rupees

Time Limit for furnishing Form No 3CEB

On or before 31st October of the relevant Assessment Year

X Ltd. sells laser printer cartridge to A Ltd..@$50 per cartridge
Y Ltd. @$80 per piece
Total Income for A for assessment yr. is 1200000 after making payment for
100 cartridges @$50(1$=49)
A has deducted tax at source while making payment to X Ltd..
Compute arms length price and taxable income of A Ltd.. .
.
Arms Length price of cartridge which is sold to A Ltd.. will be $80per
cartridge by comparable uncontrolled price method
Income of A Ltd.. Rs
Income as per books of account 12,00,000
Add:Amount charged by X Ltd..($50*100*49) +2,45,000
Less : Arm’s Length price ($80*100*49) -3,92,000
Income (after applying arm’s length price) 10,53,000

X sells to Y Ltd.. unrelated Co in India)@45per piece

Arm’s Length Price :$45 per cartridge
Income of A Ltd.. 12,00,000+($50*100*49)-(45*100*49)
Rs 12,24,500