The Appellate Tribunal reviewed a case involving Transfer ...

Appellate Tribunal ruled TPO can't look at Section 37 issues. Report from TPO is binding. Case sent back to TPO for ALP determination.

Case Laws Income Tax

June 18, 2024

The Appellate Tribunal reviewed a case involving Transfer Pricing (TP) Adjustment for management service fee paid to Associated Enterprises. It was held that the Transfer Pricing Officer (TPO) has jurisdiction limited to determining the arm's length price (ALP) and cannot examine matters under section 37 of the Act. The TPO plays a crucial role in assessing international and specified domestic transactions, with reports being binding on the Assessing Officer. The Tribunal found that the TPO's order lacked proper determination of ALP and directed a reassessment, allowing the taxpayer to present transfer pricing study report and comparables. The case was sent back to the TPO for a thorough ALP determination in compliance with the law.

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The Appellate Tribunal reviewed a case involving Transfer ...

Appellate Tribunal ruled TPO can't look at Section 37 issues. Report from TPO is binding. Case sent back to TPO for ALP determination.

Case Laws Income Tax

June 18, 2024

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