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CBDT floats draft rules for introduction of ‘range concept’

22 May 2015 Evaluate

In order to make ‘arm’s length pricing’ determination more reasonable in transfer pricing cases Central Board of Direct Taxes (CBDT) has come up with draft rules for introduction of ‘range concept’. The tax department has proposed to use multiple year data for determining the Arm's Length Price against the current practice of taking into account only one year data for calculating Arm's Length Price. The use of multiple year data is expected to provide relief to the companies on account of difficulty to provide comparable data for the immediate previous year.

The draft norms of range concept, which will be used for determination of Arm’s length price of goods and services traded between related entities, would be open for comments till May 31, 2015. Notably, since its introduction in 2001, transfer pricing regulations have always been a major area of litigation between the tax department and tax payers, which are mainly MNCs, who usually blame the tax department of being aggressive in imposition of taxes to garner more revenues.

The draft norms follow an announcement by Finance Minister Arun Jaitley in his 2014 Budget with a view to aligning transfer pricing regulations in India with the best available practices. It remains to be clarified that the 'range concept' will only apply where a minimum of nine comparable data about similar transactions are available. In case the number of comparable data is inadequate, the existing provision of 'arithmetic mean concept' would apply.

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