Transfer pricing reference: a new TPO referral is needed only if fresh facts emerge after a search. A fresh reference to the TPO under Section 92CA(1) is not automatic in search-related reassessments; it is required where the AO deems it necessary or expedient. If a prior TPO reference existed but the TPO report was not received or the assessment was not completed before initiation of action under Section 132/132A, those proceedings abate and a new reference will be required during Section 153A/153C proceedings. If the assessment was completed taking the TPO report into account before the search, it does not abate and a fresh reference is needed only if further facts relevant to transfer pricing are discovered.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Transfer pricing reference: a new TPO referral is needed only if fresh facts emerge after a search.
A fresh reference to the TPO under Section 92CA(1) is not automatic in search-related reassessments; it is required where the AO deems it necessary or expedient. If a prior TPO reference existed but the TPO report was not received or the assessment was not completed before initiation of action under Section 132/132A, those proceedings abate and a new reference will be required during Section 153A/153C proceedings. If the assessment was completed taking the TPO report into account before the search, it does not abate and a fresh reference is needed only if further facts relevant to transfer pricing are discovered.
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