Secondary adjustment requires deemed advance treatment for unrepatriated excess transfer pricing amounts unless taxpayer pays additional tax instead. An assessee must make a secondary adjustment where a primary adjustment of one crore rupees or more increases income or reduces loss. Excess money left with an associated enterprise that is not repatriated within the prescribed time is deemed an advance from the assessee and interest on that advance is computed as prescribed. The assessee may instead pay an additional income-tax at a specified rate on the unrepatriated excess; that tax is final, disallows deductions, and, if paid, obviates the need for a secondary adjustment and interest computation from the date of payment.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Secondary adjustment requires deemed advance treatment for unrepatriated excess transfer pricing amounts unless taxpayer pays additional tax instead.
An assessee must make a secondary adjustment where a primary adjustment of one crore rupees or more increases income or reduces loss. Excess money left with an associated enterprise that is not repatriated within the prescribed time is deemed an advance from the assessee and interest on that advance is computed as prescribed. The assessee may instead pay an additional income-tax at a specified rate on the unrepatriated excess; that tax is final, disallows deductions, and, if paid, obviates the need for a secondary adjustment and interest computation from the date of payment.
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