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CA Final · Direct Tax Laws & International Taxation · Transfer Pricing

Bharat Textiles Ltd had a valid option declared by the TPO under section 166(9) for a transaction for tax year 2027-28, based on the ALP determined for 2026-27. Before the declaration, the AO had referred the same transaction for 2027-28 to the TPO. What is the effect?

The reference is treated as if it had never been made for that transaction. Section 166(3) says that where an option is declared valid for the tax year, a reference made before or after the declaration has no effect, so the TPO does not determine the ALP afresh.

  1. AThe reference stands and the TPO must determine the ALP afresh for 2027-28
  2. BThe reference is treated as if it had not been made for that transactionCorrect
  3. CThe option becomes invalid because of the earlier reference
  4. DThe reference converts into a reference for the following year

Explanation

Section 166(3) provides that if a reference is made for a transaction in a tax year for which the option is declared valid, whether before or after the declaration, section 166(1) has effect as if no reference is made for that transaction. Option A is wrong for that reason, and the section does not invalidate the option or shift the reference.

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