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Q. > Please Help: TRANSFER PRICING
I have a Private Limited company in India. It is doing content management, back office operations, call centre work from India to a company in US. It works exclusively for the US company. Whole of the receipts are from that company & are received in convertible foreign exchange. The directors or shareholders of Indian company do not have any control or influence over the US company.Only one of the director who is also a majority shareholder in Indian company is in employment of the US company but do not have any decision making power. Is transfer pricing is applicable in case of my Indian company. My company is doing work for US co. since FY 2011-12. Kindly guide me and also tell me what is the consequences of not complying with the provision. Kindly give the solution. THANKS
Read more at: http://www.caclubindia.com/experts/modify_message.asp?entry_id=943905
Experts Panelist
Comments
Shweta Grover
14-Feb-2015 , 10:04:34 pmAs the transaction is international transaction as it is between a resident and a non-resident, however for the applicability of TP provisions international transaction should be between associated enterprises as specified in Sec-92A. Therefore please check the applicability of clause-g of sub-section (2) of Sec-92A regarding the licences and trademarks etc as all other sub-clauses are not applicable in your case.