Delhi High Court sets aside transfer pricing order
January 09, 2009
An important decision by the High Court orders transfer pricing offices to conduct new assessments for several taxpayers.
In a recent judgment, the Delhi High Court in the case of Moser Baer India, HCL Technologies BPO Services and Others, confirmed that a transfer pricing officer (TPO) should compute the arm’s-length price of international transactions with associated enterprises in accordance with the provisions of India's tax laws. Accordingly, the TPO should do so only after giving taxpayers an opportunity of being heard, considering the information filed by them and pursuant to disclosing to them the documents used during assessment in the determination of the above price.
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