Reference to TPO without fulfilling the conditions of threshold limit is not valid

Garg Acrylics Ltd. Vs Addl. CIT (ITAT Delhi)

It is the case of the assessee that reference made to the TPO in the instant case without fulfilling the conditions of threshold of Rs.5 crore monetary limit is without the sanction of law in view of the Section 92BA of the Act. This being so, the assessee is not entitled for extension of time limit provided under Section 153(4) of the Act by extended period of another one year which is applicable only where the reference to the TPO has been validly made within the frame work of law.

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