TRANSFER PRICING IN INDIA: REGULATORY FRAMEWORK, KEY PRINCIPLES AND EMERGING TRENDS

Transfer pricing is the actual price charged in a transaction between related entities forming part of the same Multi-National Enterprises (MNEs). Since the tax rates vary from country to country, transfer pricing becomes a method to reduce the tax liability of the MNE as a whole. It involves setting up of transfer prices in such a manner that lesser profits are booked in countries with higher tax rates.

Discretion vs. Mandatory Admission: Future of Section 7(5)(a) of the Insolvency and Bankruptcy Code, 2016

When it comes to a detailed and again rather complicated legal framework of insolvency law under the Insolvency and Bankruptcy Code, 2016,(IBC) the key point is the commencement of the Corporate Insolvency Resolution Process (CIRP). This process is intended to assist firms that are in deficit and also to aid in avoiding being caught in the financial debt trap.

NCLT Rejects Merger Scheme on Grounds of Public Interest

The National Company Law Tribunal (NCLT) recently rejected a proposed merger between two companies, citing significant concerns over public interest. This decision underscores the NCLT’s critical role in balancing corporate ambitions with broader societal and economic implications, ensuring that business decisions do not undermine the interests of the public.

Applicability of Section 17 of the Arbitration and Conciliation Act, 1996 to Foreign Seated Arbitrations

By applying Section 17 to arbitrations seated outside India, India shall move a step ahead in ensuring that the assets or subject matter of the dispute located in India are secured expeditiously, and no party can play any kind of dilatory tactics to render such foreign seated interim awards infructuous.