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

Meru Pharma Ltd filed its report under section 172 disclosing only its royalty payment to an associated enterprise. During proceedings on a reference limited to the royalty, the TPO notices a loan advanced to another associated enterprise that Meru omitted from the report. Which is correct under section 166?

The TPO can examine the loan and determine its arm's length price as if it had been referred to him under section 166(1). The Act treats transactions that come to his notice during proceedings, or that were omitted from the section 172 report, as deemed referred, without fresh reference or consent.

  1. AThe TPO may treat the loan as if referred to him under section 166(1) and determine its arm's length priceCorrect
  2. BThe TPO must ignore the loan as it was not referred to him
  3. CThe TPO must first return the matter to the Assessing Officer for a fresh reference
  4. DThe loan can be examined only if the assessee consents in writing

Explanation

Section 166(5) applies where a transaction not referred, or one not included in the section 172 report, comes to the TPO's notice during proceedings; the provisions of the Chapter apply as if it were referred under section 166(1). The loan is both unreferred and omitted from the report, so no fresh reference or consent is needed.

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