© Copyright Acquisition International 2026 - All Rights Reserved.

Article Image - The Art of Transfer Pricing
Posted 29th September 2016

The Art of Transfer Pricing

Set up in 1971, Vaish Associates Advocates (‘VA’) is a full-service law firm based in New Delhi, Mumbai, and Bengaluru, India, having an experienced team of 12 partners and over 100 associates, specialising in direct tax, corporate laws, and intellectual property law, to name a few.

Mouse Scroll AnimationScroll to keep reading

Let us help promote your business to a wider following.

The Art of Transfer Pricing
Image

The Art of Transfer Pricing

2016 Transfer Pricing Practitioner of the Year – India

Set up in 1971, Vaish Associates Advocates (‘VA’) is a full-service law firm based in New Delhi, Mumbai, and Bengaluru, India, having an experienced team of 12 partners and over 100 associates, specialising in direct tax, corporate laws, and intellectual property law, to name a few is widely regarded as one of the best direct-tax law practices in the country and specialises in direct tax litigation and advisory services, corporate reorganisation and tax planning. VA has successfully handled several high profile tax litigation in the areas of domestic and international taxation and transfer pricing and has obtained path-breaking rulings, aiding development of jurisprudence.

VA boasts a formidable transfer pricing team, which deals with all facets of transfer pricing, for example undertaking benchmarking of international transactions of diverse businesses, cost sharing studies and valuation of transactions involving IPRs, and has successfully represented marque and complex litigations before the tribunals, high courts and the supreme court.
The attorneys in the firm are both lawyers and qualified accountants or economists, and are equipped with required knowledge resources and databases. VA has the unique ability of handling/ representing the clients from the stage of audit till the Supreme Court.

VA represented the clients, resulting in landmark decision on test of comparability, under the Indian transfer pricing regulations in the case of Ramp Green Solutions Pvt. Ltd. decisions on transfer pricing aspects of marketing intangibles in the cases of Sony Ericsson Mobile Communications India Pvt. Ltd., Maruti Suzuki India Ltd, Whirlpool of India Ltd. , before the Delhi High Court.

India has emerged as the leading jurisdiction in terms of transfer pricing litigation and jurisprudence. The Indian transfer pricing landscape thus far is characterised by detailed scrutiny and aggressive positions, adopted by the tax administration. Indian tax authorities have been rated, in a survey, as the second most aggressive after Japan. 54.85% of all transfer pricing cases have been subjected to adjustment by the Indian tax authorities during the 2014/15 financial year. India also accounts for more than half of the total number of transfer pricing cases around the world.

India as one of the signatories, has started implementing the OECD BEPS recommendations. The BEPS recommendations in due course may bring in rules regarding benchmarking of selfgenerated – ‘hard to value intangibles’, ‘location saving’, ‘low value intra group services’, and so on. Implementation of BEPS recommendations may bring in paradigm change in TP environment in India. It is expected that the Indian Revenue authorities would undertake in-depth value chain analysis to ensure that allocation of income is consistent with value generation.

Also Country by Country (CbC) reporting has recently been introduced in the Indian transfer pricing legislation. The information provided as part of the CbC report would enable the India tax administration to identify any disconnect between the allocation of income and the underlying economic activity. Also, the implementation of BEPS recommendations regarding country by country reporting from financial year 2016-17 is seen as a game changer, and would not only increase the documentation burden, but also initiate significant focused enquiries in transfer pricing audits.

In the post BEPS era, multi-national enterprises (‘MNEs’) would be called upon to review and realign their structures to ensure consistency between allocation of income and value creating activity. Adjustment to the transfer price of an international transaction, made in an audit by the tax administration, results in levy of tax @ 34% of the amount of adjustment and interest @12% per annum and penalty which may vary from 100% to 300% of the tax amount involved in the adjustment.

Transfer pricing adjustment also results in the tax holiday availed by an Indian entity being denied to the extent of the amount of adjustment. A transfer pricing dispute, therefore, has to be litigated before the appellate forum and Courts, which may take 5 to 10 years to resolve. Therefore, it is advisable and imperative to undertake a robust transfer pricing study so as to avoid tax, penal consequences and long drawn litigation in courts.

MNEs are circumspect about exposure to transfer pricing risks when operating in India. Several MNEs have approached APA authorities in India for achieving certainty to transfer pricing as intercompany transactions. Out of more than 700 APA
applications filed so far, the Finance Ministry has concluded 98 APAs (including 4 bilateral APAs).

Transfer pricing is an art and not an exact science. Indian TP regulations and also international practices in the transfer pricing arena are fast evolving. Also because of the implementation of the OECD – BEPS report, many significant changes would be witnessed in the years to come.

The global transfer pricing landscape today is characterised by increased complexity of the inter-company transactions and enhanced focus the revenue on the substance of transactions undertaken by MNEs. In a globalised environment with enhanced level of scrutiny by the revenue authorities and increased focus on value creation activities, it is imperative for the MNEs to have clearly defined transfer pricing strategy in place and undertake a robust benchmarking analysis.

The strategy should be such that it clearly explains the value drivers of the MNE group, the location of intangibles and the rationale for allocation of income. A well-defined strategy would enable the MNE group to explain and defend its structure as well as pricing of inter-company transactions before Revenue authorities across jurisdictions.

Furthermore, considering that the Indian tax administration is inherently aggressive, transfer pricing audits of taxpayers every year results in disputes – so obtaining expert advice from a specialist is imperative for preparing a robust transfer pricing documentation and, thereafter, to defend the same before the authorities and courts.

VA is a knowledge based organisation, which believes in rendering quality advice to clients and tax litigation is their forte. Considering the tax administration system in India, managing tax litigation effectively is important for MNEs operating in India. Considering the increasing complexities of business and the aggressive tax administration, the tax disputes are only going to rise in the years to come. This would keep the litigation specialists like VA, a dominant player in the tax arena.

Company: Vaish Associates, Advocates
Name: Neeraj Kumar Jain,
Partner
Email: neeraj@vaishlaw.com
Web: www.vaishlaw.com
Address: 1st Floor,
Mohan Dev Building,
13 Tolstoy Marg, New Delhi
– 110001
Telephone: +91 011 4249 2525

Categories: Finance


You Might Also Like
Read Full PostRead - Eye Icon
Global Insurance M&A Highest in Years Due to Low Interest Rates and Low Growth
Finance
11/11/2015Global Insurance M&A Highest in Years Due to Low Interest Rates and Low Growth

According to Moody's Investors Service the growth in M&A in the insurance industry, now at its highest level for many years, has been driven by the weak global economic environment and regulatory changes, spurring many groups to consider business sales, whilst

Read Full PostRead - Eye Icon
Makesworth: More Than Just Accountants
Strategy
24/05/2018Makesworth: More Than Just Accountants

Makesworth Accountants is a leading firm of Chartered Certified Accountants located in Harrow.

Read Full PostRead - Eye Icon
Machine Learning Will Make Almost 70% of Total AI Market Value in 2024
Innovation
19/03/2024Machine Learning Will Make Almost 70% of Total AI Market Value in 2024

The surging demand for AI-driven solutions across industries continues fuelling machine learning market growth, helping it reach a new record valuation and further increase its market share in the artificial intelligence landscape.

Read Full PostRead - Eye Icon
The World’s Largest Translation & Global Content Management Company
Innovation
02/02/2017The World’s Largest Translation & Global Content Management Company

Lionbridge is celebrating its 20th year in business and is based in Boston, MA. They combine their undoubted technologies and skills in different ways, to respond to the needs of various industries.

Read Full PostRead - Eye Icon
How To Leverage WordPress For Superior Business Performance
News
03/06/2024How To Leverage WordPress For Superior Business Performance

To catapult your business to new heights, you need a website that works impeccably. WordPress can deliver this, but it takes more than just a bare-minimum setup to really send performance skyward. Rather than scrabbling in the dark as you try to wring more val

Read Full PostRead - Eye Icon
Global Headwinds Fail to Stifle Dubai Property Boom
Finance
31/07/2023Global Headwinds Fail to Stifle Dubai Property Boom

The UAE’s real estate market has outpaced both advanced and emerging economies over the past two years, according to the Bank for International Settlements. As central banks around the world tighten monetary policy, Dubai is setting itself apart. The emi

Read Full PostRead - Eye Icon
10 Benefits of Studying Public Health
News
10/05/202410 Benefits of Studying Public Health

Image Source Public health plays a pivotal role in shaping the well-being of local communities as well as global populations. Its core aim is to promote community health, prevent diseases, and extend life expectancy through organized efforts and informed choic

Read Full PostRead - Eye Icon
APC Technology Group Acquisition of EEVS Insight Ltd
Innovation
04/08/2015APC Technology Group Acquisition of EEVS Insight Ltd

APC Technology Group Acquisition of EEVS Insight Ltd

Read Full PostRead - Eye Icon
When an Employee Is Accused of a DUI: What Delivery and Logistics Companies Need to Consider
Legal
29/01/2026When an Employee Is Accused of a DUI: What Delivery and Logistics Companies Need to Consider

For delivery and logistics companies, employees who operate vehicles represent far more than operational capacity. They are closely tied to brand reputation, safety standards, and contractual obligations. When an employee is accused of driving under the influe



Our Trusted Brands

Acquisition International is a flagship brand of AI Global Media. AI Global Media is a B2B enterprise and are committed to creating engaging content allowing businesses to market their services to a larger global audience. We have a number of unique brands, each of which serves a specific industry or region. Each brand covers the latest news in its sector and publishes a digital magazine and newsletter which is read by a global audience.

Arrow