Assessing Officer can complete the assessment of income from international transaction in disregard of the order passed by the Transfer Pricing Officer by accepting the contention of assessee. Discuss the correctness or

CS Professional · Advanced Tax Laws · PYQS · June 2022
Assessing Officer can complete the assessment of income from international transaction in disregard of the order passed by the Transfer Pricing Officer by accepting the contention of assessee. Discuss the correctness or otherwise with reference to the provisions of Income-Tax Act, 1961.

Answer & Explanation:

The statement is not correct. Section 92CA(4) of the Income tax Act, 1961, provides that on receipt of the order of the Transfer Pricing Officer determining the arm's length price of an international transaction, the Assessing Officer shall proceed to compute the total income in conformity with the arm's length price determined by the Transfer Pricing Officer. The order of the Transfer Pricing Officer is binding on the Assessing Officer.

Topics: International Taxation

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