Transfer Pricing: Disputes and Disputes Resolution Mechanisms

Transfer pricing law in India, ever since its enactment in 2001, has been continuously evolving due to complexities of international transactions and transfer pricing policy pursued by multinational corporations carrying on business in different countries. The book makes an effort to find out how transfer pricing is used a tool for tax avoidance in the modern era of globalization. It makes us understand the concept of transfer pricing and explore how nations are drained their legitimate revenue by MNEs.

The journey of implementing transfer pricing legislation has been chronicled in this book. It describes and analyzes the causes of transfer pricing dispute in India in great depth. It also deals with the specific disputes and landmark judgements passed by the judicial authorities in India. The various facets of transfer pricing dispute resolution mechanisms, such as the Dispute Resolution Panel, Advance Pricing Agreements, Safe Harbor Rules, Mutual Agreement Procedure and their applicability to the contemporaneous problem of transfer pricing have also been thoroughly examined in the book. The critical analysis of existing provisions and mechanisms for dispute resolution, be it through litigation or reconciliation or mitigation, has underlined the need to strengthen the mechanism and also the scope for introduction of further mechanisms for bringing elements of certainty as well as efficiency in dispute resolution mechanism.

The book is helpful to anyone who seeks to understand the issues in relation to transfer pricing and practicing professions who deal with the subject on a regular basis.

Highlights:

• Concept of tax avoidance and modes of tax avoidance explain
• Implementation of transfer pricing legislation chronicled
• Analysis of specific cause of transfer pricing disputes with landmark judgements
• Analyse various dispute resolution mechanism to avoid huge litigation and controversies
• Explains and provides information and statistics of dispute resolution measures like Mutual Agreement, Safe Harbour and Advance Pricing Agreement

Table of Contents:

Preface
Table of Cases    
Abbreviations  
Chapter 1 Introduction  
Chapter 2 Transfer Pricing—A Tool for Tax Avoidance in the Modern Era of Globalisation
Chapter 3 Evolution and Background of Transfer Pricing Regulation in India
Chapter 4 Causes of Transfer Pricing Dispute
Chapter 5 The Most Appropriate Method—A Critical Analysis
Chapter 6 Transfer Pricing Dispute Resolution Mechanism
Chapter 7 Transfer Pricing Dispute Resolution through Reconciliation and  Mitigation Mechanism
Chapter 8 Challenges and Suggested Improvements
Annexure
Index