| COURT: | P&H High Court |
| CORAM: | G. S. Sandhawalia J., S. J. Vajifdar CJ |
| SECTION(S): | 92B, Rule 10A |
| GENRE: | Transfer Pricing |
| CATCH WORDS: | Arms length price, Transfer Pricing |
| COUNSEL: | Radhika Suri |
| DATE: | November 6, 2015 (Date of pronouncement) |
| DATE: | November 23, 2015 (Date of publication) |
| AY: | 2007-08 |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| Rule 10A(d): Law on when multiple transactions can be regarded as a single composite transaction for determining arm’s length price explained. Fact that a transaction results in a profit or a loss has no bearing on whether it is at arm’s length price | |
The answer to the issue whether a transaction is at an arm’s length price or not is not dependent on whether the transaction results in an increase in the assessee’s profit. A view to the contrary would cause considerable confusion and lead to arbitrary, if not illogical, results. A view to the contrary would then raise a question as to the extent of profitability necessary for an assessee to establish that the transaction was at an arm’s length price. A further question that may arise is whether the arm’s length price is to be determined in proportion to the extent of profit. Thus, while profit may reflect upon the genuineness of an assessee’s claim, it is not determinative of the same
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