Transfer pricing

Dear All,

 

Please answer my following query with regards to transfer pricing:

 

The case is that shares are transferred from a non resident (Father) to a resident (Son).

Now, whether this is covered in the ambit of transfer pricing or not.

Please clarify.

 

Thanks in advance.

 

Regards,

Yash

 

 

Replies (3)

Yes as "enterprise" means a person and "person" includes an individual.

Thanks for the early reply Mr. Kunal.

Now, what if instead of shares, its advance, and that advance is out of love & affection towards his son.

And if the advance falls under the ambit of TP, how can we prove that its at ALP. 

Hey Yash, as it is a one-time transaction it will not fall under ambit of TP..as it says "engaged" in an activity, so if son is engaged in such transactions regularly then TP provisions will apply

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