Clarification on reference to the TPO u/s 92CA(1) of the IT Act 1961 in search cases

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....to the Board: "During the course of assessment proceedings u/s 153A/153C of the income Tax Act, 1961, the Assessing Officers of the Central Charge usually come across cases where international transactions of the value exceeding Rs. 15 crores are involved. As per the extant instructions of the CBDT, in such cases reference to the Transfer Pricing Officer (TPO) has to be mandatorily made by the Assessing Officer,. It is noticed that for some of the assessment years covered in the proceedings u/s 153A/153C, reference to the TPO had been made earlier during the course of assessment proceedings u/s 143(3) /147 prior to the date of search. In this regard, the following two types of cases are noticed. i) In the earlier reference....

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....anual selection for F.Y. 2012-13 were issued. On the other hand the issue under consideration is as to whether following the search, a fresh reference to TPO is mandatory in the assessment of an assessee for a particular Assessment Year u/s 153A/153C, involving transfer pricing issues where the assessment for that very year, involving the same transfer pricing issue, was completed prior to the search, after duly considering the report of the TPO, where no further facts relevant for transfer pricing have come to the notice of the AO subsequent to the search? Thus the context of the reference and the guidelines referred above appear to be different. 3. The matter has been examined in the Board and the requisite clarification is conveyed as....