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TMI BlogTransfer Pricing Litigation: The Evolving Landscape of Arm's Length Price Determination in IndiaX X X X Extracts X X X X X X X X Extracts X X X X ..... he Commissioner of Income Tax (Appeals). The primary focus is on the correct determination of Arm's Length Price (ALP) under the provisions of the Income Tax Act, 1961, particularly concerning transfer pricing regulations. Key Legal Issues Explored: * Transfer Pricing and Arm's Length Principle: The core of the dispute lies in the determination of the ALP for international transaction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t involved the functional profile of the appellant and the selection of comparable companies for determining ALP. Detailed Analysis: Transfer Pricing and Arm's Length Principle: * The case underscores the complex nature of transfer pricing, where multinational enterprises must ensure that their inter-company transactions are priced as if they were conducted between independent entities. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sment, thereby emphasizing the principle of finality in litigation. Change in Benchmarking Approach: * The shift in benchmarking strategy by the appellant over different assessment years raises questions about consistency in transfer pricing documentation and methods. This aspect is critical for maintaining credibility in the transfer pricing process. * The Tribunal's analysis on this point s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tribution to the jurisprudence on transfer pricing, particularly in the context of the Indian legal framework. It offers valuable insights into the application of the arm's length principle, the role of additional evidence in appellate proceedings, and the dynamic nature of transfer pricing methodologies.
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2023 (12) TMI 406 - ITAT DELHI X X X X Extracts X X X X X X X X Extracts X X X X
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