Need Tally
for Clients?

Contact Us! Here

  Tally Auditor

License (Renewal)
  Tally Gold

License Renewal

  Tally Silver

License Renewal
  Tally Silver

New Licence
  Tally Gold

New Licence
 
Open DEMAT Account with in 24 Hrs and start investing now!
« Top Headlines »
Open DEMAT Account in 24 hrs
 Delhi HC Rules GST Registration Cannot Be Cancelled Retrospectively Without a Clear Show Cause Notice (SCN)
 Belated income tax return AY 2026-27: How to file, late filing charges and what you may lose
 Major Financial Changes from August 1, 2026: ITR Deadline, RBI MPC Meeting, Tatkal Ticket Rules & More
 Government proposes to ease tax relief conditions for offshore funds
 TallyPrime Connected Banking: Automating Banking and Accounting
 ITR Filing Deadline 2026: Is July 31 the Last Date to File Your Income Tax Return? Latest Official Update
 ITR filing deadline nears: How to file income tax return online on e-filing portal - quick 15-step guide
 Will the ITR Filing Deadline Be Extended Beyond July 31 for FY 2025-26? Here's the Latest Update for Taxpayers
 Income Tax Refund Delayed for AY 2026-27? 5 Common Reasons Your Refund May Be Stuck and How to Fix It
 ITR Filing 2026: FM Nirmala Sitharaman Asks Tax Officials to Let Honest Taxpayers Correct Genuine Mistakes
 Will Your FCNR Deposit Stay Tax-Free After Returning to India? Tax Rules Explained for NRIs

Judicial reading of transfer pricing provisions
April, 14th 2008
The Income tax department has created a special cell to deal with foreign companies and international transactions entered. The above cell has the position of Transfer Pricing Officers (TPOs) who are authorised to decide transfer pricing issues.
 
Where the TPO is not satisfied about the margin of profit charged or received by an Indian assessee from its transaction with foreign enterprises, he can make an adjustment in the taxable income of the Indian enterprise.
 
According to instruction number 3/2003 dated May 20, 2003 issued by the Central Board of Direct Taxes (CBDT), it is mandatory for an Assessing officer (AO) to refer transfer pricing matters to the TPO in all cases where the aggregate value of international transaction in that year exceeds Rs 5 crore. If reference to TPO is not made, the assessment could be declared as bad in law.
 
Transfer pricing provisions are intended to regulate the profit margins of Indian parties on their transactions with foreign parties. The law requires that the cross-border transactions should be at arms length price (ALP). For this purpose, the margins of the Indian party need to be compared with the margins charged on similar transactions by other enterprises.
 
For the purpose of this comparison, an Indian taxpayer has a choice to either treat himself as a tested party or to treat its associated enterprises (AEs) (parties with whom the Indian assessee has made international transactions) as the tested party. Thereafter, in order to determine the ALP, the margin of the tested party is compared with the margin charged by other enterprises who are also involved in similar business.
 
In case of Ranbaxy Laboratories versus Addl CIT [2008] (299 ITR 175), the Indian assessee elected to treat its 17 AEs as tested parties. Then the average of margins of all the 17 parties was compared with the margins of some other foreign pharmaceuticals companies.
 
However, the Honourable ITAT held that: The taxpayer is wrong in selecting overseas AEs as tested party for purposes of comparison to apply TP regulaions...if a taxpayer wishes to take foreign AEs as the tested party and compared the margin with the foreign comparables, then it must ensure that it is such an entity for which relevant data for comparison is available in public domain or is furnished to tax administration.
 
The Honourable Tribunal also held that separate transactions should not be aggregated to arrive at an average if they are of different companies in different countries.
 
It is also important that the audit report furnished by Ranbaxy was found incomplete as the same did not contain details like:
 
a. Specific characteristics of the transactions
b. Evidence that Functional, Asset and Risk (FAR) analysis was carried out.
c. Specific details of International transactions carried out with the 17 AEs.
d. Other Details
 
Ranbaxys case lays down the judicial thinking that unless the required documents are maintained by an assessee and are provided to the AO for verification, the assessment would be bad in law and could be reopened according to the provisions contained in the Act.
 
It is clear that a mere certificate from a Chartered Accountant does not suffice. It is also clear that reliance on foreign companies data for the purpose of comparison may not be acceptable to India.

H P Aggarwal
Home | About Us | Terms and Conditions | Contact Us
Copyright 2026 CAinINDIA All Right Reserved.
Designed and Developed by Ritz Consulting