Audit & Assurance
Service Details
• Statutory Audit | Internal Audit | Compliance Audit | Stock Audit
• Process and control testing; SOP implementation
• Audit readiness, gap analysis, and governance reporting
• Statutory Audit | Internal Audit | Compliance Audit | Stock Audit
• Process and control testing; SOP implementation
• Audit readiness, gap analysis, and governance reporting
Foreign Investment Approvals in India is primarily governed by the FDI policy formulated by the Secretariat for Industrial Assistance (SIA), Department of Industrial Policy and Promotion (DIPP), and the Reserve Bank of India (RBI).
Under present policies and regulations, foreign investment in India is possible through the following avenues:
In the wake of liberalization in 1991, substantial policy changes were made to remove administrative barriers for foreign capital and investments. India now has one of the most liberal and transparent foreign investment regimes globally.
Under this route, no prior regulatory approval is required except for filings with the RBI or FIPB. The company must inform the concerned authority within 30 days of share allotment.
FDI in sectors requiring prior approval must apply to the FIPB for clearance.
The Government of India issues a compendium of FDI policy every six months. Investments may be made through the automatic or approval route.
This is subject to sectoral caps, pricing conditions, and other restrictions.
If you own a business, the annual audit can sometimes feel like a time-consuming and expensive process that only benefits the statutory authorities. We make sure all your onerous reporting requirements are met as painlessly as possible- keeping banks, creditors, finance providers, and even the inland revenue, happy.
But more than that – we aim to offer you the kind of business advice that could help you to run your company efficiently and cost-effectively. We also offer expert corporate tax planning advice, to make sure you’re as tax-efficient as possible.
Auditing Firms Dehl can test your performance against industry standards, even against your direct competitors. We’ll review your accounts department and the control measures you currently use, recommending ways to improve. We might discover that your competitors are receiving payment more quickly than you, your stock levels might be higher than the industry norm, or perhaps your company takes longer than average to complete orders and sell finished work. Or there may be ways to improve your cashflow using some careful tax planning.
Our audit is special because of the people who do it – we only recruit the best, and they’re not afraid to get their hands dirty if it means they really get to understand your business. We train all our staff to anticipate client needs, communicate clearly and take ownership of their work. And because we draw on the experience of our senior partners across all disciplines, we take every opportunity to help your business grow.
There’s no such thing as ‘just another audit client’ at Neeraj Bhagat & Co. you’re a growing enterprise, and your growth is the focus of our business. So don’t be afraid of your audit – use it.
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Internal Audit is an independent appraisal function established within an organization to examine and evaluate its activities as a service to the organization. It is an independent, objective assurance and consulting activity designed to add value and improve an organization’s operations. It helps organizations accomplish objectives by bringing a systematic, disciplined approach to evaluate and improve the effectiveness of risk management, control, and governance processes.
As per AAS–6, Internal Control System refers to all the policies and procedures adopted by the management of the entity to assist in achieving management’s objectives ensuring the orderly conduct of the business, the accuracy and completeness of accounting records, the timely preparation of financial information, safeguarding of assets, and detection of fraud and errors in a timely manner.
The Scope and Objectives of internal audit vary widely and depend upon the size and structure of the entity and management's requirements. The internal audit normally operates in one or more of the following areas:
Director General of Audit, has published services tax audit manual, 2010, 2010. As per the guidance, taxpayers whose annual service tax payment (including cash and cenvat) was Rs 30 million or more in the preceding financial year may be subjected to mandatory audit each year. It is preferable that audit of all such units is done by using computer assisted audit program (CAAP) techniques. The frequently of audit for other taxpayers would be as per following norms:
The audit selection guidelines, therefore would apply to the non-mandatary taxpayers, forming part of discretionary workload. These taxpayers should be selected on the basis of assessment of risk potential to the revenue. This process, which is an essential feature of audit selection, is known as Risk Assessment. It involves the ranking of taxpayers according to quantitative indicators of risk known as a “risk parameter”. It is also suggested that the taxpayers whose returns were selected for detailed scrutiny, the taxpayers who have been selected for audit, may not be taken up for detailed scrutiny of their ST–3 returns during that year.
The focus of audit in service tax matters is again to be seen from the revenue’s point of view. The objective is to find out whether there has been proper and appropriate payment of service tax by an assessee.
It is an interesting to note that the Finance Act, 1994 or the Services Tax Rules, 1994 do not prescribe any set of books or records to be maintained by the service tax assessees. The assessees are free to maintained their own books/accounts. In fact rule 5 of the services tax rules, 1994 provides that the records including computerized data as maintained by an assessees in accordance with the various laws in force from time to time shall be acceptable to the Department. Accordingly, service tax assessees who are joint stock companies governed by the provisions of Companies Act, 2013 will maintain books/accounts as prescribed under the Companies Act, 2013. Assessees who are registered under the Co-operative Societies Act or under the Societies Registration Act will maintain books/records under the respective rules/regulations framed under the laws governing the assessees. Similarly, assessees who are registered as Trust will maintain books/accounts as required of them under the law governing the trust, if any. Assessees who are receiving foreign contributions will maintain books/records specially required of them as prescribed under the Foreign Contributions Regulation Act /rules framed thereunder. Similarly sole traders and partnership firms will maintain accounts/books as required under the income tax / sales tax acts including work contracts and also as required under the Tax Audit rules under the Income Tax Act 1961 besides records under other tax laws and special statutes such as Insurance Laws, Banking Laws and Rules and Regulations framed thereunder. Normally service tax assessees maintain the following records:
Are you searching for the best transfer pricing company in India? Look no further! We specialize in providing comprehensive transfer pricing solutions tailored to your business needs. Our team of seasoned experts helps companies navigate the complex world of transfer pricing regulations, ensuring full compliance with Indian tax laws.
Transfer pricing regulations are crucial for businesses with cross-border transactions. Indian tax authorities closely monitor related-party transactions to ensure they are conducted at arm’s length prices. Choosing a reliable transfer pricing company in India ensures that your business stays compliant, avoids penalties, and optimizes tax liabilities.
Since 1991, with liberalization, India began integrating its economy globally. Transfer pricing rules were introduced under the Finance Act, 2001 to regulate international transactions under sections 92A to 92F of the Income Tax Act, 1961. These apply to relevant transactions from April 1, 2001.
During the last decade, India has emerged as a preferred destination for global businesses. The government introduced the ‘Transfer Pricing Regulation’ to ensure fair taxation. Companies in India must maintain detailed documentation and file Form 3CEB certified by a Chartered Accountant.
A transfer pricing study examines transactions between related entities to ensure they meet arm’s length principles under market conditions. It provides justification for methods used and documents compliance with tax regulations.
All Indian companies engaged in international transactions must adhere to Transfer Pricing Regulations and maintain proper documentation.
Our consultants assist in determining effective operation and compliance with India’s transfer pricing laws, providing cost-effective and timely documentation solutions.
We offer litigation support and documentation under Indian Transfer Pricing Law, helping clients set arm’s length pricing and defend positions before authorities.
Our team delivers quality transfer pricing advisory, documentation, and audit defense for multinational and Indian companies, ensuring sustainable compliance and tax optimization.
NBC’s professionals assist multinational corporations in preparing global transfer pricing documentation and reports across major cities in India, ensuring full compliance and accuracy.
The auditing services apply when two or more associated companies enter into a mutual contract during an international transaction to transfer or apportion a particular cost incurred in relation with a benefit, service, or facility offered by any one or all of the companies. Each cost shall be calculated considering the arm’s length price of the particular benefit, service, or facility, as applicable.
According to sections 92, 92A, 92B, 92C, 92D, 92E, and 92F, a company can be termed as an associated enterprise with respect to the other under the following circumstances:
‘International Transaction’ includes transactions between two or more associated companies for the transfer of tangible or intangible property, services, or lending/borrowing of money, etc., where one of the participants is a non-resident. For example, a transaction that has been entered into between two associated enterprises, either or both of whom are non-residents, is termed an international transaction.
Various other procedures are prescribed by the Central Board of Direct Taxes (CBDT).
Any person involved in an international transaction during the previous year shall submit a report in Form 3CEB through a Chartered Accountant, duly verified by him, on or before the due date prescribed by the authority.
When more than one price may be determined by the most appropriate method, the arm’s length price shall be taken as the arithmetical mean of such prices. However, if more than one price is equally applicable, transfer pricing will only apply when there is tax relevance.
A non-resident with no tax liability or income arising in India is not required to certify transfer pricing documentation since the transaction has no taxable effect within India.
Yes, it is reasonable to presume that transactions covered in the last quarter apply for the entire year unless otherwise specified, based on the principle of consistency.
AS 24 defines related party transactions as transfers of resources or obligations between related parties, regardless of pricing. Disclosure is mandatory under the standard to ensure transparency of financial reporting.
Confidentiality is vital to prevent the disclosure of proprietary or sensitive data. However, the principle of transparency is balanced against the need for taxpayer privacy.
Auditors must verify that transfer pricing adjustments are consistent with accounting records and financial statements. Failure to report inconsistencies may attract penalties.
Government-approved prices or rates can serve as benchmarks; however, transfer pricing principles still apply independently of such approvals when determining the arm’s length price.
MRP-based prices set by authorities do not automatically determine the arm’s length price but may influence transfer pricing assessments.
Transactions between an Indian head office and its foreign branch are not treated as international transactions under transfer pricing rules, as both are parts of the same legal entity.
The existence or absence of motive to manipulate prices does not affect transfer pricing applicability. Compliance is based on factual determination of price deviation.
Yes. If shares are transferred between associated enterprises, the valuation must adhere to transfer pricing rules to prevent avoidance of taxable gains.
Certification is not necessary when no income arises from the transaction, as the transfer pricing provisions are meant for transactions affecting taxable income.
Finance Act, 2012 has extended the scope of transfer pricing regulations to "Specified Domestic Transactions" (SDTs). Accordingly, with effect from A.Y. 2013-14, the pricing of specified domestic transactions between related parties (resident persons) is also required to be determined at arm's length price.
The following pages explain in overview all fields of transfer pricing. This guide enables you to understand the framework of transfer pricing in India.
Section 92BA defines "Specified Domestic Transactions" in relation to an assessee, as any of the following transactions, not being an international transaction:
Last, any business transacted between the persons specified in clause (b) of sub-section (1) of section 40A(2). Example: TDS/TCS
Further, where the assessee has entered into a transaction with a person who is not a 'related person', the transaction will be subject to section 92BA.
Moreover, the aggregate of such transactions entered into by the assessee in the previous year must exceed a sum of INR 20 crore.
Transfer pricing provisions shall apply to specified domestic transactions only if the aggregate value of such transactions exceeds INR 20 crore in a financial year. Moreover, there is no monetary threshold for specified domestic transactions under section 40A(2). This means that if an assessee enters into specified domestic transactions of more than INR 20 crore, all of the specified domestic transactions (including those under section 40A(2)) would be subject to transfer pricing provisions. If the aggregate value of specified domestic transactions does not exceed INR 20 crore, then transfer pricing provisions would not apply.
Sub-section (2A) has been inserted in section 92 to provide that any allowance for an expenditure or interest or allocation of any cost or expense or any income in relation to specified domestic transaction shall be computed at arm's length price. The section has also been amended to cover cases under section 40A(2) of the Income-tax Act, 1961.
The persons referred to in section 40A(2)(b) are the following, namely:
Where the assessee is an individual:
Where the assessee is a company, firm, association of persons or Hindu undivided family:
(A) Where in a case where the business or profession is carried on by a company, such person is, at any time during the previous year, the beneficial owner of shares (not being shares entitled to a fixed rate of dividend whether with or without a right to participate in profits) carrying not less than twenty per cent of the voting power; and
(B) In any other case, such person is, at any time during the previous year, beneficially entitled to not less than twenty per cent of the profits of such business or profession.
Further, "relative" in relation to an individual, means the husband, wife, brother or sister or any lineal ascendant or descendant of that individual.
Some of the illustrations of specified domestic transactions are: Expenditure on advertisement, commission, interest, professional services, rent, salary, etc. paid to related persons; Transactions of purchase or sale of goods or property from related persons; Transactions of availing or rendering of services with related persons; Transactions of lending or borrowing of money with related persons; Transactions of guarantee or collateral given or received from related persons; and any other transaction having a bearing on the profit, income, loss or assets of the assessee. The arm's length price in relation to such transactions shall be determined by applying any of the methods provided in section 92C of the Act. The methods prescribed for determination of arm's length price in relation to international transactions shall also apply for determination of arm's length price in relation to specified domestic transactions.
Any other transaction (not being an international transaction) entered into by an assessee with a related person, where the aggregate value of such transactions exceeds INR 20 crore, would be subject to transfer pricing provisions. These transactions are required to be reported in the transfer pricing audit report (Form 3CEB). The due date for filing the transfer pricing audit report is November 30th of the assessment year.
While computing the aggregate value of specified domestic transactions, the value of transactions entered into by the assessee with each related person should be considered separately. For example, if an assessee has entered into transactions with three related persons, and the aggregate value of transactions with each related person is INR 7 crore, INR 8 crore and INR 6 crore respectively, the total aggregate value of specified domestic transactions would be INR 21 crore (7+8+6). Since the aggregate value exceeds INR 20 crore, the transfer pricing provisions would apply to all such transactions. The determination of arm's length price for each transaction shall be done separately.
There are many other provisions relating to specified domestic transactions, such as maintenance of documents, penalty for non-compliance, etc. The transfer pricing regulations are complex and require careful consideration. It is advisable to seek professional advice to ensure compliance with the transfer pricing provisions. The arm's length principle is the cornerstone of transfer pricing regulations. The arm's length price is the price that would have been charged for a transaction if it had been entered into between unrelated persons under similar circumstances. The determination of arm's length price is a factual exercise and requires a thorough analysis of the functions performed, assets employed and risks assumed by the parties to the transaction.
| S. No. | Subject | International Transaction | Specified Domestic Transaction |
|---|---|---|---|
| 1 | Meaning | A transaction between two or more associated enterprises. | Transactions referred to in section 92BA, where aggregate value exceeds INR 20 crore. |
| 2 | Parties to transaction | At least one of the parties must be a non-resident. | All parties involved are resident persons (related parties). |
| 3 | Compensating adjustment | Allowed if it increases the total income or decreases the loss of the assessee. (Section 92(3)) | Allowed if it increases the total income or decreases the loss of the assessee or the other party. (Section 92(3)) |
| 4 | Transfer pricing methods | The statute specifies five methods (CUP, RPM, CPM, PSM, TNMM) and "other method" (Rule 10AB). | Income-tax provisions (section 92C) and rules (Rule 10B) do not specify any methods. However, CBDT's press release clarifies that all methods applicable for international transactions will apply to specified domestic transactions. |
| 5 | Penal provisions (Section 271AA) | Section 271AA(1) empowers the tax officer to levy a penalty for failure to maintain documentation. | Specific provisions for penalty (Section 271AA) are not applicable. But general penalty provisions may apply. |
| 6 | Safe Harbour Provisions | CBDT has issued detailed guidelines (Rules 10TA to 10TG) for safe harbour. | Safe harbour rules are not applicable to specified domestic transactions. |
| 7 | Advance Pricing Agreement | An assessee can enter into an APA (unilateral, bilateral, or multilateral) with the CBDT (Section 92CC and 92CD). | APAs do not apply to specified domestic transactions. |
| 8 | Documentation | Detailed documentation is required to be maintained (Section 92D and Rule 10D). | Documentation requirements (Rule 10D) do not apply. |
| 9 | Chartered Accountant's Report | Form 3CEB to be filed by the due date. | Form 3CEB to be filed by the due date. |
| 10 | Audit report | Audit report is required for all international transactions. | Audit report is required only if the aggregate value of transactions exceeds INR 20 crore. |
One needs to have a tax consultant who can help them in managing their taxes and complying with the tax laws. We are a team of tax consultants in Delhi, who provide tax consultancy services to individuals and businesses. Our team of tax consultants in Delhi has a rich experience in tax planning, tax compliance, and tax representation.
The tax consultants at our firm are well-versed with the latest tax laws and regulations. We provide customized tax solutions to our clients based on their specific needs. We also provide regular updates to our clients on the latest changes in the tax laws.
We provide value added services to our clients by providing them with timely and accurate tax advice. Our tax consultants in Delhi are committed to providing the best tax consultancy services to our clients. We believe in building long-term relationships with our clients by providing them with quality services.
Tax policy is the choice by a government as to what taxes to levy, in what amounts, and on whom. It has two components: the tax base and the tax rate. The tax base is the item or economic activity on which the tax is imposed. The tax rate is the percentage of the tax base that is paid in tax. The tax liability is the amount of tax that is payable.
Tax policy has two components: fiscal policy and monetary policy. Fiscal policy is the use of government spending and taxation to influence the economy. Monetary policy is the use of the money supply and interest rates to influence the economy. Tax policy is a part of fiscal policy.
The tax base is the item or economic activity on which the tax is imposed. The tax base can be income, wealth, consumption, or transactions. The tax rate is the percentage of the tax base that is paid in tax. The tax rate can be progressive, regressive, or proportional. A progressive tax is a tax in which the tax rate increases as the tax base increases. A regressive tax is a tax in which the tax rate decreases as the tax base increases. A proportional tax is a tax in which the tax rate remains the same regardless of the tax base.
Personal income tax is a tax on the income of individuals, households, and unincorporated businesses. Wealth tax is a tax on the wealth of individuals and households. Both taxes are direct taxes. Direct taxes are taxes that are paid directly by the person on whom they are imposed. Indirect taxes are taxes that are paid indirectly by the person on whom they are imposed. Examples of indirect taxes are VAT, service tax, and excise duty.
The personal income tax is the most important source of revenue for the government. The wealth tax is a minor source of revenue for the government. The personal income tax is a progressive tax. The wealth tax is a proportional tax.
The Advance Tax Ruling Scheme is a scheme under which a non-resident can obtain a binding ruling from the Authority for Advance Rulings (AAR) on a question of law or fact in relation to a transaction. The ruling is binding on the applicant and the tax authorities. The ruling is not appealable. The AAR is a quasi-judicial body. The AAR is headed by a retired judge of the Supreme Court.
The scheme is intended to provide certainty to non-residents on the tax implications of their transactions in India. The scheme is also intended to reduce tax litigation. The scheme is available to residents also in certain cases. The scheme is governed by the Income-tax Act, 1961 and the Authority for Advance Rulings (Procedure) Rules, 1996.
The Finance Act, 2012 has extended the scope of transfer pricing regulations to specified domestic transactions. The transfer pricing regulations are applicable from the assessment year 2013-14. The specified domestic transactions are transactions between related parties. The transfer pricing regulations are intended to ensure that the transactions between related parties are at arm's length price.
Income Tax is a tax on income. Income includes salary, business profits, capital gains, and other income. Income Tax is a direct tax. Income Tax is levied by the central government. The Income-tax Act, 1961 is the law that governs income tax in India. The Income-tax Rules, 1962 are the rules that provide for the procedure for the implementation of the Income-tax Act, 1961.
Any person making specified payments (e.g. salary, interest, commission, rent, etc.) is required to deduct tax at source (TDS) at the prescribed rates. The tax deducted at source is required to be deposited with the government. The person deducting tax at source is required to file TDS returns. The person from whose income tax has been deducted at source is entitled to get credit for the tax deducted.
The person making the payment is responsible for deducting tax at source and depositing it with the government. If the person making the payment fails to deduct tax at source or fails to deposit the tax deducted at source with the government, he is liable to pay interest and penalty.
There are several tax benefits available for investments in Special Economic Zones (SEZs) in India. The tax benefits are available under the Income-tax Act, 1961, the Central Sales Tax Act, 1956, the Service Tax law, and the Central Excise Act, 1944. The tax benefits are:
India has entered into Double Taxation Avoidance Agreements (DTAAs) with several countries. The DTAAs are intended to avoid double taxation of income. The DTAAs provide for the allocation of taxing rights between the two countries. The DTAAs also provide for the reduction of tax rates in certain cases.
The DTAA provides relief from double taxation in two ways: exemption method and credit method. Under the exemption method, the income is taxed in only one country. Under the credit method, the income is taxed in both countries, but the country of residence gives credit for the tax paid in the country of source.
The concept of 'Safe Harbour' has been introduced in the Income-tax Act, 1961. The safe harbour rules provide for the circumstances in which the transfer pricing regulations will not be applicable. The safe harbour rules are intended to reduce transfer pricing litigation. The safe harbour rules are applicable from the assessment year 2013-14.