Transfer Pricing

[Siraj Shaikh]

Company enters into international transactions with an associated enterprise. This associated enterprise is the only customer and the sole distributor for this company. Company has launched a new product in the market. To penetrate the market, the company enters the market with a low price. And because of this, the profitability of the company is afftected, i.e., earlier the NP ratio was 20% and now the NP ratio is 14%.

Can some of you highlights the transfer pricing issues with reference to the case laws???

[Ankur Agrawal]

in my opinion, transfer pricing provisions are very well apply in the aforesaid condition. In TP provisions no where it is mention that lowering of price is allow in case of new company or in case when new product is launching or in case when compnay wants to penetrate the market.

its simple. company is lowering its profit by declining sales prices, is definately covered in the trasnfer pricing norms,

 

AI Summary

Transfer pricing: below market intra group pricing to penetrate markets may breach the arm's length principle and invite adjustment. Transfer pricing arises when a company selling only to an associated enterprise lowers prices to penetrate a market, reducing its net profit margin; the key issue is whether such deliberate low pricing departs from the arm's length principle and therefore falls within transfer pricing rules. Compliance requires commercially credible justifications, comparability analysis using accepted methods, and contemporaneous documentation to support below market pricing, otherwise tax authorities may adjust taxable profits to align with arm's length outcomes.