VidhiSangh

Supreme Court of India · 13/08/2018

THE PRINCIPAL COMMISSIONER OF INCOME TAX-4, MUMBAI versus M/S. S.G. ASIA HOLDINGS

[2019] 10 S.C.R. 133

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Assessing Officer made a transfer-pricing adjustment without referring the transaction to the Transfer Pricing Officer as required by CBDT Instruction No.3/2003. The Supreme Court agreed that the mandatory instruction had been breached but held that the matter should have been restored for the appropriate reference, rather than leaving the adjustment issue without further examination.

Issues

  1. Whether breach of the mandatory TPO-reference instruction justified ending the transfer-pricing issue without restoring it to the Assessing Officer.

Provisions considered

Held

Result

Revenue’s appeal allowed to the limited extent of directing appropriate further steps by the Assessing Officer under Instruction No.3/2003 and Section 92CA(1). No costs.

Judgment PDF: Supreme Court of India, [2019] 10 S.C.R. 133.