https://www.taxtmi.com/caselaws?id=785447 Construction of the transfer pricing deeming provision: where a business transfer occurs between two resident associated enterprises, the statutory prerequisite for treating it as a transaction with a person other than an associated enterprise is not satisfied, so the deeming provision cannot apply; consequence: the transaction cannot be characterised as an international transaction. The invocation of substance over form to treat a domestic associated enterprise as effectively a non-AE for deeming purposes is rejected as incompatible with the statutory gateway; consequence: transfer pricing adjustment under the deeming clause is inapplicable and the appeal succeeds. en-us Tue, 20 Jan 2026 00:00:00 +0530 Thu, 22 Jan 2026 17:15:06 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=785447 Construction of the transfer pricing deeming provision: where a business transfer occurs between two resident associated enterprises, the statutory prerequisite for treating it as a transaction with a person other than an associated enterprise is not satisfied, so the deeming provision cannot apply; consequence: the transaction cannot be characterised as an international transaction. The invocation of substance over form to treat a domestic associated enterprise as effectively a non-AE for deeming purposes is rejected as incompatible with the statutory gateway; consequence: transfer pricing adjustment under the deeming clause is inapplicable and the appeal succeeds. Case-Laws Income Tax Tue, 20 Jan 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=785447