What are Specified Domestic Transactions on which transfer pricing provisions apply?
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Under Section 92BA, following are the transactions on which transfer pricing provisions apply whenever the amount of transaction exceeds 5 Cr.
i. Any expenditure to which section 40A (2)(b) applies i.e payment made to related person
ii. Any transaction to which section 80A applies- inter unit transfer of goods & services by an eligible business to any other business in order to reduce tax
iii. Any transfer of goods or services u/s 80IA (8)- inter unit transfer of goods or services between eligible business and any other business to reduce tax
iv. Any business transacted between assesse carrying eligible business and other person referred u/s 80IA (10)
v. Any transaction under chapter VI-A or section 10AA, to which section 80-IA (8) or (10) applies, or
vi. Any other transaction as may be prescribed.
Meaning hereby, the above transactions will also need to be carried at fair market value otherwise it may be referred to Transfer Pricing Officer for determination of arms-length price by the assessing officer. However, TPO can make such determination only for the transaction referred to it by AO and NOT any other transaction identified subsequently during the proceedings by TPO.
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