Rahul Mitra is a partner & the national head of transfer pricing practice of KPMG India. Rahul is a Chartered Accountant & Honours Graduate in Commerce.
Prior to joining KPMG India, Rahul was the national leader of PwC India's transfer pricing practice between 2010 and 2014. Rahul was a partner in the tax practice of PwC India between 1999 and 2014.
Rahul has 25 years of experience in handling taxation & regulatory matters in India. He specialises in inbound & outbound planning assignments; value chain transformation or supply chain management projects; profit attribution to permanent establishments, etc.
Rahul independently handles litigation for top companies at the level of the Income Tax Tribunals. Some of the major wins of Rahul before the Tax Tribunals in transfer pricing matters are in the following cases, setting precedents, both in India and globally :
- BMW India ? marketing intangibles in the case of distributors;
- GAP India ? remuneration model for procurement services company, addressing issues of "Berry Ratio" & "location savings";
- Global One India ? accepts "residual profit split method"; also holds "sixth method" to have retrospective operation;
- Cheil Communications ? concept of "pass through cost" for intermediary companies;
- Development Consultants ? concept of "tested party", as least complex of two transacting entities; foreign related parties accepted as "tested parties" for first time in India;
- Ranbaxy Pharmaceuticals ? foreign related parties (distributors) accepted as "tested parties"; applied APA for future years to solve past disputes without roll back;
- Fulford India ? concept of "value added distributor" for secondary manufacturers in pharmaceutical sector.
- Tega Industries ? concept of shareholder's function in the context of financial guarantee extended for overseas SPV, relating to acquisition of step-down target companies
In his personal capacity, Rahul has handled several APAs in India, involving clients from across industries; and also covering complex transactions.
Rahul is a Member of the Global Editorial Board of the Magazine, "Transfer Pricing Forum", published by Bloomberg BNA. He has been a visiting faculty of the National Law School in the subject of transfer pricing & international tax treaties.
Rahul was the country reporter on the topic, "Non Discrimination in international tax matters", for the IFA Congress held in Brussels in 2008. Rahul was invited by the OECD to speak in the 2012 Paris roundtable conference on developing countries' perspective on APAs.