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    Role of the Transfer Pricing Officer in Ensuring Arm’s Length Compliance : Clause 166 of the Incom...
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    Act RulesBills
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    Arm's length pricing: multi year ALP option expands certainty and permits roll forward of transfer pricing determinations.
    Clause 166 authorises the Assessing Officer to refer international and specified domestic related party transactions to a Transfer Pricing Officer for determination of the arm's length price, subject to prior approval; mandates notice, hearing, prescribed transfer pricing methods, and communication of the TPO order to AO and assessee; empowers the TPO to examine unreported transactions and to validate a taxpayer's option to apply a determined ALP to similar subsequent years, with rectification powers and corresponding AO amendment obligations, and permits issuance of Board guidelines to implement the multi year regime.
    Act RulesBills
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    Arm's length price determination: new clause refines methods and AO powers, emphasizing documentation and prescribed procedures.
    Determination of Arm's Length Price requires selecting the most appropriate method from prescribed alternatives based on the transaction's nature, associated enterprise class, and functional analysis; where a single comparable price is found it is the arm's length price subject to a prescribed tolerance, while multiple prices must be reconciled in a prescribed manner. The tax authority may determine ALP during assessment if methods were not followed or documentation is inadequate, but must issue a show cause notice before adjustment; adjustments permit recomputation of total income and restrict deductions on enhanced income, with safeguards to prevent double adjustment.
    Act RulesBills
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    Specified domestic transaction: extending transfer pricing to high-value related-party domestic dealings, subject to arm's length compliance.
    Clause 164 defines specified domestic transaction by enumerating categories of non-international related-party dealings brought under transfer pricing when aggregate annual value exceeds a high-value threshold, includes a residual prescription power to notify additional transactions, and requires contemporaneous documentation and benchmarking to ensure compliance with the arm's length principle.
    Act RulesBills
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    International transaction scope expanded broadens transfer pricing coverage to intangibles and indirect dealings, including restructuring and financing arrangements.
    Clause 163 defines international transaction expansively to include tangible and intangible property (expressly including transfer), capital financing, services, business restructuring, cost sharing and any transaction affecting profits, income, losses or assets; it reproduces an illustrative list of intangibles and contains a deeming rule treating dealings with third parties as international transactions where terms are determined with or pursuant to an associated enterprise, thereby widening transfer pricing coverage and anti avoidance reach.
    Case LawsIncome Tax
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    Presumptive taxation: partner remuneration and interest cannot be treated as individual business turnover for presumptive tax purposes.
    Section 44AD applies only where the assessee carries on an eligible business and has actual turnover or gross receipts attributable to that assessee. Remuneration and interest paid by a partnership firm to a partner arise from the firm's accounts and partnership agreement; although Section 28(v) taxes such receipts in the hands of the partner, that deeming does not convert them into the partner's turnover or gross receipts for Section 44AD. Section 40(b) governs firm deductibility but does not create an independent business activity in the partner; hence such receipts cannot be subjected to Section 44AD presumptive taxation.
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    Associated enterprise definition expands transfer pricing scope to include specified domestic transactions and indirect control.
    Clause 162 defines associated enterprise through a general limb covering direct or indirect participation in management, control or capital and a list of deeming provisions-equity thresholds, significant loans and guarantees, board control, dependence on intangibles, supply and sales dependence, and familial/HUF control-while expressly extending the concept to specified domestic transactions and retaining prescribed catch-all and subjective influence tests that may require further guidance.
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    Arm's length price requirement drives transfer pricing adjustments to prevent profit shifting and protect the tax base.
    Clause 161 mandates computation of income and the allowance of expenses or interest for international and specified domestic transactions among associated enterprises with reference to the arm's length price, requires arm's length allocation for shared costs or services, and prohibits transfer pricing adjustments that would reduce taxable income or increase losses, thereby strengthening scrutiny of intra group cost allocations and deductions to prevent profit shifting.
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    Unilateral double taxation relief limits credit to the lower of domestic or foreign tax rates and requires proof of foreign tax payment.
    Clause 160 provides unilateral relief for Indian residents and non-resident partners taxed on foreign income where no DTAA exists, limited to the lower of the Indian tax rate or the foreign tax rate, requires proof of foreign tax payment, and defines key terms to include excess profits or business profits taxes; it modernizes terminology and omits a prior country-specific carve-out, while raising evidentiary and computational ambiguities.
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    Double taxation relief framework modernised: new clause clarifies treaty adoption, anti abuse safeguards, and documentation requirements.
    Clause 159 empowers the Central Government to enter into and adopt agreements with foreign countries and notified specified territories, and permits specified domestic associations to enter into sectoral agreements subject to governmental adoption and notification. Agreements may provide relief from double taxation, avoidance of double taxation constrained by anti abuse safeguards, exchange of information to prevent evasion, and mutual assistance in tax recovery. The Act's provisions apply to the extent more beneficial to the taxpayer, but anti abuse measures in Chapter XI apply notwithstanding such benefit. Non residents must furnish a certificate of residence and prescribed documentation to claim treaty relief.
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    Treaty interpretation and anti-abuse primacy clarified: government may adopt association agreements while preserving treaty benefit limits.
    Clause 159 authorises the Central Government to enter into agreements with foreign countries or notified territories and to adopt agreements between notified specified associations for double taxation relief, exchange of information, and mutual assistance in recovery. Taxpayers may claim the more beneficial of domestic law or a notified agreement, subject to documentary requirements for non-residents and the primacy of chapter-level anti-abuse provisions. A four-tier interpretive hierarchy for treaty terms is provided, with retrospective effect from the agreement's commencement.
    Act RulesBills
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    Relief from taxation on foreign retirement accounts aligns Indian tax timing with foreign withdrawal taxation to prevent double taxation.
    Clause 158 aligns Indian taxation of income from foreign retirement accounts with the foreign tax event by restricting relief to specified accounts in notified countries opened while the taxpayer was non resident, and by delegating timing and procedural details to rules to prevent double taxation, address timing mismatches, and guard against abuse.
    Act RulesBills
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    Relief for irregular salary receipts: claim based allocation to prior years with computation and procedures delegated to rules.
    Clause 157 provides relief where lump sum receipts (arrear or advance salary, salary for over twelve months, profits in lieu of salary, and arrears of family pension) cause an assessment at a higher rate. Relief is claim based on application to the Assessing Officer and requires allocation of amounts to earlier years; the Assessing Officer grants relief as prescribed in rules. An anti abuse exclusion denies relief where a deduction for the same amount has already been claimed, and computation, procedural steps and particulars (e.g., Form 10E practice) are to be specified by rules.
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    Mutuality doctrine shields club-member transactions from GST; statutory deeming fiction held unconstitutional, retrospective levy invalid.
    The Kerala High Court held that the doctrine of mutuality insulates transactions between an association and its members from GST because the concepts of "supply" and "service" require distinct persons; statutory deeming provisions treating associations and members as separate persons are ultra vires Article 246A and related constitutional provisions, and retrospective application of those amendments is invalid as unfair and contrary to the rule of law.
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    Rebate for resident individuals: expanded two-tier relief and tapered withdrawal to avoid abrupt tax cliffs.
    Clause 156 creates a two-tier rebate: a general rebate for resident individuals below a base threshold and an enhanced rebate for taxpayers opting into the new tax regime with a higher threshold and larger maximum rebate. The enhanced rebate includes a tapering mechanism for incomes above its threshold and an express cap preventing the rebate from exceeding actual tax liability, with computation rules tied to the new-regime tax rates.
    Act RulesBills
    Show AI Summary
    Rebate allowance framework modernisation - rebates applied after tax computation and capped to prevent negative tax liability.
    Allowance of rebates is enabled by Clause 155, which permits rebates to be deducted from income-tax computed on total income after tax computation and before other chapter deductions, and caps aggregate rebates so they cannot exceed the tax computed prior to rebates; the substantive conditions and limits are delegated to Section 156.
    Act RulesBills
    Show AI Summary
    Taxation of member's share: entity-level tax exempts members, unless the entity is untaxed or taxed below top rate.
    Clause 310 establishes that a member's share of income from an AOP/BOI is exempt from tax in the member's hands when the association/body is taxed on that income; if the AOP/BOI is not chargeable to tax the member's share is taxed in the member's hands; and if the AOP/BOI is taxed at the maximum marginal rate the member's share is excluded from his total income, otherwise the member's share is included in his total income.
    Act RulesBills
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    Deduction for disability: standardized tax relief retained with mandatory medical certification and prescribed certificate submission.
    Clause 154 allows resident individuals certified by a medical authority as persons with disability or severe disability to claim a fixed deduction, contingent on furnishing the prescribed certificate with the return and on certificate validity and reassessment rules; definitions are cross referenced to a Bill provision for consistency.
    Act RulesBills
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    Deduction for interest on deposits expanded to include senior citizens and time deposits, consolidating small-saver relief.
    Clause 153 provides a statutory deduction for interest on deposits to individuals, senior citizens, and HUFs, specifying eligible institutions (banks, cooperative banking societies, and post offices), preserving denial of deductions for interest held by or on behalf of firms, AOPs, or BOIs, and defining time deposits. It consolidates prior disparate provisions by including senior citizens within the same clause with expanded coverage for time deposits, while maintaining the existing deduction treatment for non senior individuals and HUFs.
    Act RulesBills
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    Patent royalty deduction for resident inventors: capped, certified relief tied to repatriated foreign receipts and compulsory licence limits.
    Clause 152 provides a statutory deduction for resident individual patentees in respect of royalty from patents registered on or after 1 April 2003, subject to a statutory annual ceiling and procedural certification. Deductions in compulsory licence cases are limited to Controller determined royalty; foreign-sourced receipts qualify only to the extent repatriated in convertible foreign exchange within the prescribed period and supported by prescribed certification. Definitions exclude capital gains and sales proceeds from the scope of "royalty," and certification by prescribed authorities is required with the return.
    Act RulesBills
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    Deduction for authors' royalty income limited by a fixed cap and repatriation plus certification requirements.
    Clause 151 grants a deduction to resident individual authors for professional income from copyright assignment or royalties for literary, artistic, or scientific books (excluding textbooks), subject to a fixed monetary cap and a royalty to sales limit for non lump sum receipts. Foreign income qualifies only if repatriated in convertible exchange within a prescribed period and accompanied by prescribed certification, and claimants must submit payer verified certificates with returns; double deduction for the same income is expressly prohibited.

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      CUSTOMS - OTHER PROPOSALS INVOLVING CHANGES IN BASIC CUSTOMS DUTY RATES IN NOTIFICATIONS

      24 July, 2024

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      Union Budget 2024-25 (Full) + FINANCE (No.2) Bill, 2024

      A.

      Changes in Basic Customs Duty (to be effective from 24.07.2024)

      Rates of Duty

      S. No.

      Chapter, Heading, sub- heading, tariff item

      Commodity

      From

      To

      I.

       

      Agricultural Products

       

       

      1.

      1207 99 90

      Shea nuts

      30%

      15%

      II.

       

      Aquafarming & Marine Exports

       

       

      1.

      0306 36

      Live SPF Vannamei shrimp (Litopenaeus vannamei) broodstock

      10%

      5%

      2.

      0306 36

      Live Black tiger shrimp (Penaeus monodon) broodstock

      10%

      5%

      3.

      0306 36 60

      Artemia

      5%

      Nil

      4.

      0511 91 40

      Artemia cysts

      5%

      Nil

      5.

      0308 90 00

      SPF Polychaete worms

      30%

      5%

      6.

      1504 20

       Fish lipid oil for use in manufacture of aquatic feed

      15%

      Nil

      7.

      1504 20

       Crude fish oil for use in manufacture of aquatic feed

      30%

      Nil

      8.

      1518

      Algal Oil for use in manufacture of aquatic feed

      15%

      Nil

      9.

      2102 20 00

      Algal Prime (flour) for use in manufacture of aquatic feed

      15%

      Nil

      10.

      2309 90 90

      Mineral and Vitamin Premixes for use in manufacture of aquatic feed

      5%

      Nil

      11.

      2301 10 90

      Insect meal for use in Research & Development purposes in aquatic feed manufacturing

      15%

      5%

      12.

      2309 90 90

      Single Cell Protein from Natural Gas for use in Research & Development purposes in aquatic feed manufacturing

      15%

      5%

      13.

      2301 20

      Krill Meal for use in manufacture of aquatic feed

      5%

      Nil

      14.

      1901

      Pre-dust breaded powder for use in processing of sea-food

      30%

      Nil

      15.

      2309 90 31

      Prawn and shrimps feed

      15%

      5%

      16.

      2309 90 39

      Fish feed

      15%

      5%

      III.

       

      Critical Minerals

       

       

      1.

      2504

      Natural Graphite

      5%

      2.5%

      2.

      2505

      Natural sands of all kinds, whether or not coloured, other than metal bearing sands of chapter 26 of The Customs tariff Act, 1975

      5%

      Nil

      3.

      2506

      Quartz (other than natural sands); quartzite, whether or not roughly trimmed or merely cut, by sawing or otherwise, into blocks or slabs of a rectangular (including square) shape

      5%

      2.5%

      4.

      2530 90 91

      Strontium sulphate (natural ore)

      5%

      Nil

      5.

      2603 00 00

      Copper ores and concentrates

      2.5%

      Nil

      6.

      2605 00 00

      Cobalt ores and concentrates

      2.5%

      Nil

      7.

      2609 00 00

      Tin ores and Concentrates

      2.5%

      Nil

      8.

      2611 00 00

      Tungsten Ores and Concentrates

      2.5%

      Nil

      9.

      2613

      Molybdenum ores and concentrates

      2.5%

      Nil

      10.

      2615 10 00

      Zirconium ores and concentrates

      2.5%

      Nil

      11.

      2615 90

      Hafnium Ores and concentrates

      2.5%

      Nil

      12.

      2615 90 10

      Vanadium ores and concentrates

      2.5%

      Nil

      13.

      2615 90 20

      Niobium or tantalum ores and concentrates

      2.5%

      Nil

      14.

      2617

      Antimony Ores and Concentrates

      2.5%

      Nil

      15.

      2804 50 20

      Tellurium

      5%

      Nil

      16.

      2804 61 00

      Silicon, containing by weight not less than 99.99% of silicon

      5%

      Nil

      17.

      2804 69 00

      Other silicon

      5%

      Nil

      18.

      2804 90 00

      Selenium

      5%

      Nil

      19.

      2805 30 00

      Alkali or alkaline earth metals, Rare-earth metals, scandium and yttrium, whether or not intermixed or inter alloyed

      5%

      Nil

      20.

      2811 22 00

      Silicon dioxide

      7.5%

      2.5%

      21.

      2815 20 00

      Potassium hydroxide

      7.5%

      Nil

      22.

      2816 40 00

      Oxides, hydroxides and peroxides, of strontium or barium

      7.5%

      Nil

      23.

      2822 00 10

      Cobalt oxides

      7.5%

      Nil

      24.

      2822 00 20

      Cobalt hydroxides

      7.5%

      Nil

      25.

      2822 00 30

      Commercial cobalt oxides

      7.5%

      Nil

      26.

      2825 20 00

      Lithium oxide and hydroxide

      7.5%

      Nil

      27.

      2825 30

      Vanadium oxides and hydroxides

      2.5%/7.5%

      Nil

      28.

      2825 60 10

      Germanium oxides

      7.5%

      Nil

      29.

      2825 70

      Molybdenum oxides and hydroxides

      7.5%

      Nil

      30.

      2825 80 00

      Antimony oxides

      7.5%

      Nil

      31.

      2825 90 20

      Cadmium oxides

      7.5%

      Nil

      32.

      2827 35 00

      Chlorides of Nickel

      7.5%

      Nil

      33.

      2827 39 30

      Strontium chloride

      7.5%

      Nil

      34.

      2833 24 00

      Sulphates of Nickel

      7.5%

      Nil

      35.

      2834 21 00

      Nitrates of potassium

      7.5%

      Nil

      36.

      2836 91 00

      Lithium carbonates

      7.5%

      Nil

      37.

      2836 92 00

      Strontium carbonates

      7.5%

      Nil

      38.

      2841 90 00

      Salts of oxometallic or peroxometallic acids of Beryllium and Rhenium

      7.5%

      Nil

      39.

      2846

      Compounds, inorganic or organic of rare earth metals

      7.5%

      Nil

      40.

      2918 15 30

      Bismuth citrate

      7.5%

      Nil

      41.

      3801

      Artificial Graphite, colloidal or semi-colloidal graphite, preparations based on graphite or other carbon in form of pastes, blocks, plates or other semimanufactures

      7.5%

      2.5%

      42.

      8001

      Unwrought Tin

      5%

      Nil

      43.

      8101 94 00

      Unwrought tungsten, including bars and rods obtained simply by sintering

      5%

      Nil

      44.

      8102 94 00

      Unwrought molybdenum, including bars and rods obtained simply by sintering

      5%

      Nil

      45.

      8103 20

      Unwrought tantalum, including bars and rods obtained simply by sintering, powders

      5%

      Nil

      46.

      8105 20 20

      Cobalt, unwrought

      5%

      Nil

      47.

      8106 10 10

      Bismuth, unwrought

      2.5%

      Nil

      48.

      8109 21 00

      Unwrought zirconium, powders, Containing less than 1 part hafnium to 500 parts zirconium by weight

      10%

      Nil

      49.

      8110 10 00

      Unwrought antimony, powders

      2.5%

      Nil

      50.

      8112 12 00

      Beryllium unwrought, powders

      5%

      Nil

      51.

      8112 31

      Hafnium unwrought, waste and scrap, powders

      10%

      Nil

      52.

      8112 41 10

      Rhenium unwrought

      10%

      Nil

      53.

      8112 69 10

      Cadmium unwrought, powders

      5%

      Nil

      54.

      8112 69 20

      Cadmium, wrought

      5%

      Nil

      55.

      8112 92 00

      (ii) Unwrought; waste and scrap; powder of, -

      (i) Gallium

      (ii) Germanium

      (iii) Indium

      (iv) Niobium

      (v) Vanadium

      5%

      Nil

      IV.

       

      Steel Sector

       

       

      1.

      7202 60 00

      Ferro Nickel

      2.5%

      Nil

      2.

      7204

      Ferrous Scrap

      Nil (till 30.09.2024)

      Nil (till 31.03.2 026)

      3.

      7225

      Certain specified raw materials for manufacture of CRGO steel

      Nil (till 30.09.2024)

      Nil (till 31.03.2 026)

      V.

       

      Copper

       

       

      1.

      7402 00 10

      Blister Copper

      5%

      Nil

      VI.

       

      Chemicals and Plastics

       

       

      1.

      3102 30 00

      Ammonium Nitrate, whether or not in aqueous solution

      7.5%

      10%

      2.

      3920 (other than 3920 99 99) or 3921

      All goods other than Poly vinyl chloride (PVC) flex films/flex banner

      25% (with effect from 24.07.2024)

      10%

      3.

      3920 99 99

      All goods other than Poly vinyl chloride (PVC) flex films/flex banner

      25% (with effect from 24.07.2024)

      15%

      VII.

       

      Textile and Leather Sector

       

       

      1.

      2929 10 90

      Methylene Diphenyl Di-isocyanate (MDI) for use in the manufacture of Spandex Yarn

      7.5%

      5% Subject to IGCR conditions

      2.

      41

      Wet white, Crust and finished leather for manufacture of textile or leather garments, leather /synthetic footwear or other leather products, for export

      10%

      Nil Items under Sl. No. 257B and 257C of Notification 50/2017 - Customs, dated 30.06.2017

      3.

      38,48 or any other Chapter

      Certain additional accessories and embellishments for manufacture of textile or leather garments, leather/synthetic footwear or other leather products, for export

      As applicable

      Nil Items under Sl. No. 257B and 257C of Notification 50/2017 - Customs, dated 30.06.2017

      4.

      0505 10

      Real Down Filling Material from Duck or Goose for use in the manufacture of textile or leather garments for export

      30%

      10%

      VIII.

       

      Cancer Drugs

       

       

      1.

      30

      (i) Trastuzumab Deruxtecan,

      (ii) Osimertinib,

      (iii) Durvalumab

      10%

      Nil

      IX.

       

      Precious Metals

       

       

      1.

      7108

      Gold bar

      15%

      6%

      2.

      7108

      Gold dore

      14.35%

      5.35%

      3.

      7106

      Silver bar

      15%

      6%

      4.

      7106

      Silver dore

      14.35%

      5.35%

      5.

      7110

      Platinum, Palladium, Osmium, Ruthenium, Iridium

      15.4%

      6.4%

      6.

      7118

      Coins of precious metals

      15%

      6%

      7.

      7113

      Gold/Silver findings

      15%

      6%

      8.

      71

      Platinum and Palladium used in the manufacture of noble metal solutions, noble metal compounds and catalytic convertors

      7.5%

      5%

      9.

      84

      Bushings made of platinum and rhodium alloy when imported in exchange of worn out or damaged bushings exported out of India

      7.5%

      5%

      X.

       

      Medical Equipment

       

       

      1.

      39

      All types of polyethylene for use in manufacture of orthopaedic implants falling under sub-heading 9021 10

      As applicable

      Nil

      2.

      39, 72, 81

      Special grade stainless steel, Titanium alloys, Cobalt-chrome alloys, and All types of polyethylene for use in manufacture of other artificial parts of the body falling under sub-heading 9021 31 or 9021 39

      As applicable

      Nil

      3.

      9022 30 00

      X-ray tubes for use in manufacture of X-ray machines for medical, surgical, dental or veterinary use

      15%

      5% (till 31st March 2025)

      7.5% (w.e.f 1st April, 2025 to 31st March, 2026)

      10% (w.e.f 1st April, 2026)

      4.

      9022 90 90

      Flat panel detectors (including scintillators) for use in manufacture of X-ray machines for medical, surgical, dental or veterinary use

      15%

      5% (till 31st March 2025)

      7.5% (w.e.f 1st April, 2025 to 31st March, 2026)

      10% (w.e.f 1st April, 2026)

      XI.

       

      IT and Electronics Sector

       

       

      1.

      8517 13 00, 8517 14 00

      Cellular mobile phone

      20%

      15%

      2.

      8504 40

      Charger/Adapter of cellular mobile phone

      20%

      15%

      3.

      8517 79 10

      Printed Circuit Board Assembly (PCBA) of cellular mobile phone

      20%

      15%

      4.

      28, 29, 38

      Specified parts for use in manufacture of connectors

      5%/7.5%

      Nil

      5.

      74

      Oxygen Free Copper for use in manufacture of Resistors

      5%

      Nil

      6.

      40

      Specified die-cut parts for use in manufacture of cellular mobile phones

      As applicable

      Nil

      7.

      40, 70, 76

      Specified mechanics for use in manufacture of cellular mobile phones

      As applicable

      Nil

      8.

      8517 79 10

      Printed Circuit Board Assembly (PCBA) of specified telecom equipment

      10%

      15%

      XII.

       

      Renewable Energy Sector

       

       

      1.

      84, 85, or any other chapter

      Specified capital goods for use in manufacture of solar cells or solar modules, and parts for manufacture of such capital goods

      7.5%

      Nil

      2.

      7007

      Solar glass for manufacture of solar cells or solar modules

      Nil

      10% (w.e.f. 1.10.20 24)

      3.

      74

      Tinned copper interconnect for manufacture of solar cells or solar modules

      Nil

      5%(w.e.f 1.10.20 24)

      XIII.

       

      Shipping

       

       

      1.

      Any Chapter

      Components and consumables for use in manufacture of specified vessels

      As applicable

      Nil

      2.

      Any Chapter

      Technical documentation and spare parts for construction of warships

      As applicable

      Nil

      XIV.

       

      Capital goods

       

       

      1.

      Any Chapter

      Goods under S. No. 404 of Notification No. 50/2017 Customs, used for petroleum exploration operations

      As applicable

      Nil

      B.

      Changes in Export Duty (To be effective from 24.7.2024)

      Effective export duty on raw skins, hides & leather is being simplified and rationalized. The changes are as follows -

      Rate of Duty

      S. No.

      Chapter or Heading

      Commodity

      From

      To

      1.

      4101 to 4103

      Raw Hides & skins, all sorts (other than buffalo)

      40%

      40%

      2.

      4101

      Raw Hides & skins of buffalo

      30%

      30%

      3.

      4104 to 4106

      Tanned or crust hides of skins, whether or not split, but not further prepared

      40

      20%

      4.

      4104 to 4106

      E.I. tanned leather

      Nil

      Nil

      5.

      41

      Finished leather as defined by DGFT finished leather norms

      Nil

      Nil

      6.

      4301

      Raw fur skins

      60%/10%

      40%

      7.

      4302

      Tanned or dressed furskin

      60%

      20%


      Full Text:

      Union Budget 2024-25 (Full) + FINANCE (No.2) Bill, 2024

      Topics

      ActsIncome Tax