Our Services

• Advising on Entry Strategies for Foreign Companies in India
• Various structures given above can be evaluated as under:
• Entry with or without Government Approval
• FEMA Retainership Services
• Approvals from Foreign Investment Promotion Board (FIPB) and RBI for Investment or Formation of a New Co.
• Global Business Set Up Services
• Valuation of Shares
• Filing FCGPR with RBI
• Approvals for ECB loan
• Approvals From RBI For The Allotment/Transfer Of Shares
• Annual Return of Foreign Liabilities and Assets
• Annual Activity Report
• Compounding of offences with RBI
• Other Services for Non Resident Individuals

Transfer pricing law is contained in the Income-tax Act, 1961 [i.e. Sections 92 to 92F under Chapter X-Special Provisions Relating to Avoidance of Tax]. It applies to foreign entities on their international transaction between associated enterprises and to domestic entities on their specified domestic transaction. It involves benchmarking the pricing of such transaction to the arm's length under the various methods considering the nature of transaction.

Under the arm’s length price principle, the transaction pricing of a controlled transaction between associated enterprises and of specified domestic transaction should be same as that of an uncontrolled transaction between unrelated parties in the open-market.

Our transfer pricing services includes the following:

Advisory
We render advisory services on transfer pricing involving integration of commercial factors and tax factors considering the business strategy and the operating structure of the entities. It is rendered before the transaction is entered into where we advise on the adoption of pricing methodology in respect of a forward looking transaction and after the transaction is entered into where we advise on the justification of the arm’s length price of the historical transaction.

Audits
Transfer pricing audit is carried out, in accordance with the provisions of the Income-tax Act, 1961 [i.e. Sections 92 to 92F under Chapter X-Special Provisions Relating to Avoidance of Tax], and an Accountant report is issued under Section 92E in respect of an international transaction between associated enterprises and of specified domestic transaction. It covers documentation as well as benchmarking the pricing of such transaction to the arm's length under the most appropriate methods carrying out the factual, functional and economic analysis of various factors of the transaction.

Representation
We represent before the tax authorities in respect of proposed international transaction i.e. forward looking international transaction so as to have an advance pricing agreement.
We also represent before the tax authorities in respect of historical transaction where the tax authorities seek to verify and assess the transfer pricing related transactions so as to conclude whether or not the arm’s length pricing principle is followed.

Term 'advance ruling' means

• The determination of a question of law or fact in relation to a transaction which has been undertaken or is proposed to be undertaken by a non-resident applicant and also includes the determination of the tax liability of a non-resident arising out of such transaction with a resident applicant;
• The determination or a decision on a question of law or fact relating to the computation of total income which is pending before any Income-tax authority or the Appellate Tribunal.

Advisory
We at Ambavat Jain & Associates LLP render advisory services on advance ruling by deeply analysing client’s case to be place before Advance ruling authority and prepare the necessary documents required to be filed with relevant authority.

Representation
Our services also include representational services that involve representing client before ruling authority and post facto analysis of the dictated decision by the ruling authority.