Held that the Assessing Officer does not have jurisdiction to propose any transfer pricing adjustment in case where he has not made any reference to TPO. Accordingly where Assessing Officer did not make any reference to TPO for transactions covered by Transfer Pricing Regulations and he simply incorporated suggestion and adjustment made by TPO in assessment order, such addition is not in compliance with provisions contained in section 92CA and, same is set aside. (AY. 2008-09)
Himatsingka Seide Ltd. v. DCIT (2024) 206 ITD 371 (Kol.)(Trib.)
S. 92CA : Transfer pricing Reference to Transfer Pricing Officer-Arm’s Length price-Avoidance of tax-Transfer pricing-Reference to TPO-No reference is made to TPO-Addition is deleted. [S.92C]
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