Transfer pricing wing raises tax demand by Rs 40k in 2011-12

05 Dec 2011 Evaluate

The transfer price wing of the income tax department, under the ministry of finance, which looks into international transactions of Indian firms, has made an extra tax demand of Rs 40,000 crore for current financial year, which is double of last fiscal year.

According to a senior income-tax official, from this Rs 40,000 crore additional tax demand, more than Rs 20,000 crore from the assessment of 11 Multi-Nationals, which includes foreign banks and telecom firms, who mispriced their international transactions.

'It is not that these additions are going to recur year after year on these companies. These were one-off instances such as acquisition of another company, where we have found full transaction value had not been reported. Such additions may not recur every year,' income-tax official said.

This year, the transfer pricing regime has ventured into new territories such as intangibles including brand building and corporate guarantees given to associate firms. In all more than 2,000 transfer pricing returns have been taken for scrutiny, of which additions were made in 1,200 returns and remaining 800 returns were accepted without any scrutiny. The Transfer pricing rules were introduced in the Finance Act 2001 in bid to make sure that India does not lose revenue due to it from firms that undertake international transactions between related parties.

The transfer pricing, an adjustment of charges made between related parties for goods, services or use of property, in recent time due to huge movement of funds by the MNCs is an emerging area of taxation. The developed countries have already laid transfer pricing mechanism and developing counties in Asia and Africa are also setting their own mechanism to increase volume of trade between related prices, which is estimated to account for 60% of the international transactions.

'Our transfer pricing officers are at par with the best in the world. Some of the Indian officers have been selected by the OECD authorities for improving the current TP structure of OECD countries,' a senior Income-Tax official said.

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