CONTENT 1. INTRODUCTION 2. OECD GUIDELINES AND U.S. REGULATIONS 3. TRANSFER PRICING – OVERVIEW OF PROVISIONS 4. INTERNATIONAL TRANSACTION 5. SPECIFIED DOMESTIC TRANSACTION 6. ASSOCIATED ENTERPRISES 7. ARM’S LENGTH PRICE 8. COMPARABILITY 9. METHODOLOGY10. INTANGIBLE PROPERTY11. INTRA-GROUP SERVICES12. COST CONTRIBUTION ARRANGEMENT13. BUSINESS RESTRUCTURING14. SAFE HARBOUR15. ADVANCE PRICING AGREEMENT16. COMPUTATION17. INFORMATION AND DOCUMENTS18. PENALTIES19. DOUBLE TAXATION AVOIDANCE AGREEMENTS20. INTERPRETATIVE PRINCIPLESAPPENDICESAPPENDIX 1: Relevant sections of Income-tax Act, 1961APPENDIX 2: Relevant Rules of Income-tax Rules, 1962APPENDIX 3: Relevant Forms of Income-tax Rules, 1962APPENDIX 4: Extracts from Explanatory Memorandum to Finance Bill, 2012APPENDIX 5: Circulars & NotificationsAPPENDIX 6: Model Tax Convention on Income and on CapitalSUBJECT INDEX ABOUT THE AUTHORTransfer pricing is the most contentious tax issue, fact-intensive and judgmental, involving difficult evaluation of comparability, market, and financial information. Principles involved for such evaluation are also very complex. The book aims at explaining those principles as contained in Indian law and OECD Guidelines, 2010, and as exposed by the Indian and foreign courts. It deals extensively and comprehensively, amongst others, with the following :• Comparability and degree of comparability and comparable adjustments.• Methodolgies, their salient features, selection of most reliable method, comparables and adjustments.• Intangible property.• Intra- group services.• Cost Contribution Agreement.• Business restructuring.• Safe harbour.• Advance Price Agreements.• International transaction and specified domestic transactions.• Associated enterprises.• Documentation.• Determination of ALP and computation of income.• Penalties for non-compliance.• Interpretative principles.
D P Mittal
4th Edition October 2014