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

During proceedings on a referred transaction, the TPO finds another international transaction that the assessee did not include in its report under section 172 and that was not referred to him. What follows under section 166(5)?

The TPO can deal with it as though it had been referred to him. Section 166(5) provides that an unreferred transaction, or one omitted from the section 172 report, that comes to his notice during the proceedings is treated as referred under sub-section (1).

  1. AThe provisions of the Chapter 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 refers it
  3. CThe transaction is exempt from arm's length pricing
  4. DThe TPO must send it to the Appellate Tribunal

Explanation

Section 166(5) covers a transaction not referred, or one not included in the section 172 report, that comes to the TPO's notice in the proceedings. The Chapter then applies as if it had been referred under sub-section (1), so the TPO can determine its price without a fresh reference.

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