https://www.taxtmi.com/caselaws?id=765210 For transfer pricing purposes, a foreign enterprise and its Indian permanent establishment may be treated as separate enterprises under Chapter X, because the definition of enterprise is broader than separate legal personality and permits head office and PE to be viewed separately. Transactions between them can therefore constitute international transactions under section 92B and be subjected to arm's length price adjustment where they affect income taxable in India. The treaty does not exclude the domestic transfer pricing regime; Article 7(2) supports attribution of profits to the PE on the footing that it deals independently with the head office, so the treaty and domestic provisions operate in harmony. en-us Mon, 11 Nov 2024 00:00:00 +0530 Mon, 20 Jul 2026 15:02:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=765210 For transfer pricing purposes, a foreign enterprise and its Indian permanent establishment may be treated as separate enterprises under Chapter X, because the definition of enterprise is broader than separate legal personality and permits head office and PE to be viewed separately. Transactions between them can therefore constitute international transactions under section 92B and be subjected to arm's length price adjustment where they affect income taxable in India. The treaty does not exclude the domestic transfer pricing regime; Article 7(2) supports attribution of profits to the PE on the footing that it deals independently with the head office, so the treaty and domestic provisions operate in harmony. Case-Laws Income Tax Mon, 11 Nov 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=765210