Transfer pricing adjustment and consequence
Transfer pricing adjustment
- If the transaction price is not within the ALP range or the tolerance band and if adopting ALP would not reduce the profit or increase losses etc, then the difference between the ALP and the transaction price is added to the income of the assessee.
- The AO would make the adjustment in the assessment order.
- The effect of this adjustment would be as under:
Penalty for transfer pricing compliance
Once the TPO passes the order, which of the following is correct
- The AO has the discretion of incorporating the order of the TPO
- The AO has to mandatorily incorporate the TPO order in his assessment order
- The AO has to seek the permission of ACIT / DCIT if he chooses to ignore order of the TPO
- If the AO disagrees with the TPO order, he can proceed to compute the ALP of the transaction.
The AO does not have any discretion and has to incorporate the order of the TPO in the assessment order.
What surely happens once there is an adjustment in the transfer pricing order
- The AO incorporates the same in the assessment order and the draft order is sent to the assessee
- The AO finalizes the order and sends the same along with the demand order
- The AO can raise objection on the TPO order with the DRP
On receipt of the TPO order the AO incorporates the same with the other aspects of the order and serves the draft order to the assessee.
Gravitas India is claiming section 10A deduction of Rs 45 lakhs on its profit of Rs.50 lakhs. It enters into an International transaction with its AE. During the course of assessment proceedings, AO made additions of Rs.10 lakhs of the tax holiday income on basis of arm’s length price determined by TPO. What would be the taxable income when Gravitas India wants to claim section 10A deduction on additions made by AO?
- Rs 5 lakhs
- Rs 15 lakhs
- Rs 50 lakhs
The entire addition of Rs 10 lakhs will be added to the income without benefit of section 10A deduction. So it would be Rs 5 lakhs plus addition Rs 10 lakhs equals Rs 15 lakhs
Who will be eligible to file objections before DRP?
- Only a foreign company
- Only persons in whose case variation arises on account of order passed by TPO
- Only non-resident assessees
- All of the above
There are other eligible assessees as well. (a). Any person in whose case the variation arises as a consequence of the order of the Transfer Pricing Officer. (b). Foreign company and (c) Non-resident assessees