Specify with brief reason, whether the following acts can be considered as an act of (i) Tax management; or (ii) Tax planning; or (iii) Tax evasion: or (iv) Tax avoidance : (ii) A foreign company has an Indian subsidiary
CS Professional · Advanced Tax Laws · PYQS · June 2019
Specify with brief reason, whether the following acts can be considered as an act of (i) Tax management; or (ii) Tax planning; or (iii) Tax evasion: or (iv) Tax avoidance : (ii) A foreign company has an Indian subsidiary which is selling its product to the parent company at a price of ₹100 per unit while the same product is sold to another foreign company at ₹200 per unit.
Answer & Explanation:
The transaction which is not at Arm's Length Price 'ALP' is an act of Tax Avoidance . In this case, an Indian subsidiary, while selling its products, charging less amount from its foreign parent company and shifting profits to outside India in order to avoid tax liability in India and therefore is an act of Tax Avoidance as the transaction is not at arm's length price.
Topics: Income Tax Act
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