Foreign Enterprises – Eligible as a Tested Party?

Journal
Jhabakh, P.R. Kumar; Balasubramanian, V.
India
International Transfer Pricing Journal 2021 (Volume 28), No. 4
FormatPDF
EUR
45
| USD
50 (VAT excl.)

The present article is of importance to readers all around the globe including legal practitioners as it aims to provide an analysis of the recent ruling of the Hon’ble Madras High Court in the case of Virtusa Consulting Services Private Limited v. DCIT, Chennai. The Madras High Court had through this order expanded the scope of who is a “tested party” for the determination of arm’s length prices in controlled transactions. The High Court held that a foreign associated enterprise can be a tested party for the purpose of determining the arm’s length price.