Under Section 92E of Income Tax Act 1961

[MITSUI PRIME ADVANCED]

Dear Sir,

Good afternoon

We would like to inform u that we have engaged in foreign  transition as per under section 92E and auditor report under form 3CEB submitted to income tax department along with ITR in the case associated enterprises run in India and engaged in manufacturing unit or trading unit, please tell me about if foreign company  are not permanent establishment in India but a valid PAN  for TDS purpose. Than as per new rule of international transaction can liable for auditor report under section 92E of Income Tax Act, 1961.  

 Or Section 92E Auditor report is applicable to Foreign company or associated enterprises  who is total working out of India tertiary  .

 We request you to please tell me your valuable advice  for the same.

 Regards

 Arjun Sachdeva

Mutsui Prime Advanced

Neemrana

Dist Alwar 301001

Cell No. 09928158547

[CAGOPALJI AGRAWAL]

To my view, since no inernational transactions have occured under the case, hence no report is required.

AI Summary

Transfer pricing audit applies only where international transactions with associated enterprises occurred; no report if none. Applicability of a Section 92E auditor's report under Form 3CEB is triggered by the existence of international transactions between an Indian taxpayer and an associated enterprise. The requirement to obtain and file the auditor's certificate arises only when reportable international transactions have occurred; absence of such transactions means no Form 3CEB report is required, irrespective of a foreign associated enterprise's non resident status or lack of a permanent establishment in India.