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CMA Final · Direct Tax Laws and International Taxation · Assessment Procedure including Dispute Resolution Process

Under the Income-tax Act, 2025, which of the following assessees is an 'eligible assessee' who can go before the Dispute Resolution Panel?

A non-resident individual is an eligible assessee because any non-resident who is not a company, or any foreign company, qualifies. A resident assessee qualifies only if the variation arises from the Transfer Pricing Officer's order, so the other resident cases do not qualify.

  1. AA resident domestic company with no transfer pricing variation
  2. BA non-resident individualCorrect
  3. CA resident firm with a variation under section 80-type scrutiny only
  4. DA resident individual whose total income is Rs 40 lakh

Explanation

Section 275(17)(b) treats as eligible assessee a person whose variation arises from the Transfer Pricing Officer's order, and any non-resident (not being a company) or any foreign company. A non-resident individual qualifies. Resident assessees without a transfer pricing variation do not.

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