KPMG India calls for new transfer pricing guidelines

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement


KPMG India calls for new transfer pricing guidelines

aindiaparl.gif

TP Week correspondent backs comprehensive changes to the transfer pricing rules in pre-Budget submission

akpmgind2.jpg

KPMG in India has called for comprehensive changes to India’s transfer pricing rules in its submission to the union government ahead of the national budget presentation on February 28. In general terms, the firm says that the government needs to introduce a set of guidelines for several transfer pricing issues. “There have been consistent inconsistencies in the interpretation and application of the transfer pricing regulations by authorities across India,” the practice comments.

It points to multiple inconsistencies in the interpretation and application of the transfer pricing regulations, including selection of comparable data, multiple year data, intra-group services and cost contribution arrangements. KPMG says: “Given that the transfer pricing law in India is now in existence for over five years, it is necessary to frame detailed guidelines that would provide recommendations on various practical issues in transfer pricing faced by the taxpayers.”

It calls for the introduction of advanced pricing agreements (APAs) and safe harbour rules. “The approach followed by revenue authorities during the course of transfer pricing assessments is arbitrary and inconsistent. This has led to genuine hardships to various taxpayers across the country. Taxpayers continue to go through the administrative burden of having to go through a fact-intensive application of the arm’s length principle with due application of judgment."

KPMG also wants the government to introduce measures to ensure that the approach of transfer pricing officers in the revenue authorities is standardised. In addition, the firm wants an upper ceiling for penalties based on the tax owed.

“Further, it is also proposed that the taxpayer should not be penalised twice for the same mistake. In a case where the taxpayer has not maintained the prescribed documentation, there should not be further penalty of 2% for failure to supply,” the practice says.

It adds: “There continues to be a lack of consistency between customs valuation procedure and transfer pricing regulation under Act. In fact, both departments work at divergent purposes. The customs department tends to consider valuation of material and try to load more assessable value whereas the income tax department is likely to consider that such assessable value is excessive and disallow that part as deemed to be excessive.

“A suitable method for valuation of imported goods should be established which is acceptable to both customs law and the Act. This can be done by means of specific guidelines or a circular that, wherever customs have accepted the valuation of the imported goods under the valuation procedure same, it will be considered to be satisfying arm’s length principle under the Act.”



more across site & shared bottom lb ros

More from across our site

Boaz Goren’s move to the upstart PE-backed firm takes the number of senior UK tax professionals who have left EY this year to 13
The allegations against Deloitte Cyprus raise uncomfortable questions about how far the big four can distance themselves from misconduct at member firms
The UAE accounted for most Middle East promotions and new rankings, as A&M Tax, Baker McKenzie, Dhruva Consultants and DLA Piper breached the top tier
Spanish-headquartered multinationals lead on reporting quality, while US and Swiss groups lag in the Fair Tax Foundation’s expanded analysis
Former IRS commissioner Danny Werfel joins ITR for a must-listen conversation spanning his time leading the agency, his AI risk framework, and the future of the OECD
Tax and legal services was PwC’s fastest-growing business line last year, helping to put the firm back on a par with its big four rivals
Ex-EY and Hourani & Partners leader Zain Satardien is using flexible staffing and AI-enabled systems to test a leaner model for specialist legal and tax advice
The big four firm is rightfully prioritising transparency and accountability as it seeks to rebuild from its scandal, but a glaring structural issue remains
A recent hiring flurry has taken the firm’s number of partner appointments this year to 121 and put it on track to hit 160 partner target early
The move brings specialist tax and litigation capability to EY as it seeks to close the gap on Baker McKenzie and Venezuela’s leading local firms
Gift this article