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

Which of the following is an eligible assessee for the purposes of reference to the Dispute Resolution Panel under section 275 of the Income-tax Act, 2025?

A foreign company is an eligible assessee. Section 275(17)(b) covers persons whose variation arises from a Transfer Pricing Officer's order, non-resident non-company assessees and foreign companies. Resident assessees without a transfer pricing variation are not covered, whatever their income level or search background.

  1. AA resident domestic company with no transfer pricing variation
  2. BA resident individual whose income is below fifty lakh rupees
  3. CA foreign companyCorrect
  4. DA resident firm assessed after a search

Explanation

Section 275(17)(b) defines an eligible assessee as a person whose variation arises from a Transfer Pricing Officer order, or any non-resident (not being a company), or any foreign company. A foreign company therefore qualifies. The resident assessees listed have no transfer pricing variation, so they do not qualify.

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