TRANSFER PRICING - BUDGET 2015

[CS Swati Dodhi]

TRANSFER PRICING

Domestic transfer pricing provisions - Threshold increased to ₹ 200 million

Determination of fair market value in case of certain domestic transactions undertaken amongst related parties was introduced in the Finance Act 2012, with effect from assessment year 2013-14.This amendment was primarily brought in Chapter X of the Income-tax Act, 1961 whereby the applicability of transfer pricing provisions was extended to certain domestic transactions between related parties referred to ‘Specified Domestic Transactions’ as enunciated under provisions in a newly inserted section of the Act (i.e. section 92BA of the Act). Accordingly, a new concept of ‘Domestic Transfer Pricing’ was introduced in India. As per the provisions of aforesaid section, the Domestic Transfer Pricing provisions would be applicable only where the aggregate value of such specified domestic transactions exceeds ₹ 50 million.

It is proposed to amend the provisions of section 92BA of the Act, whereby the domestic transfer pricing provisions shall be applicable where the aggregate value of specified domestic transactions exceeds ₹ 200 million.

This amendment will take effect from April 1, 2016.