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CMA Final · Direct Tax Laws and International Taxation · Transfer Pricing

During proceedings on a referred transaction, the TPO finds an international transaction that was not included in the assessee's report under section 172 and was not referred to him. What does section 166 of the Income-tax Act, 2025 provide?

The TPO can deal with it. Under section 166(5), a transaction that was not referred, or was omitted from the section 172 report, and comes to his notice during proceedings is treated as though it had been referred to him, so he may determine its arm's length price.

  1. AThe provisions apply as if that transaction had been referred to the TPO under sub-section (1)Correct
  2. BThe TPO must ignore it until the Assessing Officer makes a fresh reference
  3. CThe transaction is deemed at arm's length because it was not referred
  4. DThe TPO must send it to the Board for guidelines under sub-section (15)

Explanation

Section 166(5) says a transaction that comes to the TPO's notice during proceedings, and either was not referred or was not reported under section 172, is treated as if referred under sub-section (1). He therefore may determine its arm's length price. No fresh reference or presumption of arm's length applies.

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