Section 92BA of the Income Tax Act

Income-tax Act, 2025: s.164

Section 92BA of the Income-tax Act, 1961 corresponds to section 164 (Meaning of specified domestic transaction) of the Income-tax Act, 2025.

Read section 164 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 92BA is Works Ltd v. Union of India: (2000) 2 SCC 536 and Rayala Corporation P. Ltd. v. Director of Enforcement (257 ITR 338), cited in 120 of the 188 judgments on BharatTax that turn on this section.

Leading authorities on Section 92BA

Works Ltd v. Union of India: (2000) 2 SCC 536 and Rayala Corporation P. Ltd. v. Director of Enforcement
257 ITR 338 · 2002 · Supreme Court
120
citing judgments

An omission of a statutory provision is distinct from a repeal, and Section 6 of the General Clauses Act does not apply to omissions, meaning that pending proceedings are not saved by this section.

CIT v. ITC Ltd.
236 Taxmann 612 · 2016 · High Court
108
citing judgments

When computing deduction under Section 80IA, specifically for inter-unit transfer of power, the benefit cannot be claimed based on rates chargeable by distribution licensees to consumers. The deduction must be computed based on the rate fixed by the Tariff Regulation Commission for sale by electricity generating companies.

PCIT v. Texport Overseas (P.) Ltd.
114 Taxmann.com 568 · 2020 · High Court
69
citing judgments

A reference to the Transfer Pricing Officer (TPO) is invalid and bad in law, which renders consequential Transfer Pricing adjustments by the Assessing Officer liable for deletion.

CIT v. Jindal Steel & Power Ltd.
157 Taxmann.com 207 · 2023 · Supreme Court
58
citing judgments

For Section 80IA deductions, the market value of electricity supplied by a captive power plant (eligible unit) to its industrial unit (non-eligible unit) must be computed by comparing prices in the open market and those charged by State Electricity Boards to industrial consumers.

Commissioner of Income Tax v. Gujarat Alkalies Chemicals Limited
395 ITR 247 · 2017 · High Court
49
citing judgments

Deduction under Section 80IA is allowable for captive power generation. The price for calculating this deduction is the rate at which the electricity board supplies power to its consumers, rather than the rate at which power generating companies supply to the electricity board.

Voltamp Transformers Pvt. Ltd. v. CIT
129 ITR 105 · 1981 · High Court
30
citing judgments

The Gujarat High Court in Voltamp Transformers Pvt. Ltd. held that the perspective of the assessee, a businessman, should be considered when determining commercial expediency, not solely the department's viewpoint. A businessman must act prudently to advance their business interests.

CIT v. Star Paper Mills Ltd.
172 Taxmann.com 391 · 2025 · High Court
21
citing judgments

The transfer price for intra-group services, specifically the sale of power from a captive power plant to a manufacturing unit, can be benchmarked based on the price at which the manufacturing unit procures power from the State Electricity Board, especially when it reflects a reasonable and arm's length price.

CIT v. H.P. Global Soft Ltd.
342 ITR 263 · 2012 · High Court
15
citing judgments

The Assessing Officer cannot invoke provisions related to profit attribution or adjustment under section 80IA(9) (analogous to 80IA(8) and 80IA(10)) without material evidence to show an arrangement between the assessee and associated enterprises that resulted in profits exceeding what might be ordinarily expected.

DCIT v. Peerless General Finance & Investment & Co. Ltd.
112 Taxmann.com 410 · 2019 · ITAT
14
citing judgments

Deductions under Section 80G are permissible even when CSR expenditure is disallowed under Section 37(1). The Tribunal upholds the CIT(A)'s order allowing the Section 80G deduction based on prior decisions.

Star Paper Mills Ltd. v. DCIT
134 Taxmann.com 177 · 2022 · Reported
13
citing judgments

The internal Comparable Uncontrolled Price (CUP) method is appropriate for benchmarking the transfer price of power supplied by an eligible unit to a non-eligible unit, where the power is consumed captively by the manufacturing unit.

Judgments on Section 92BA

Star Paper Mills Ltd., Kolkata vs. D.C.I.T., Circle - 4(1), Kolkata

In the result, appeal of the assessee is allowed

ITA 424/KOL/2022[2018-2019]Status: DisposedITAT Kolkata10 Jul 2023AY 2018-2019

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 424/Kol/2022 Assessment Year: 2018-19 Star Paper Mills Ltd. Dcit, Circle-4(1), Kolkata Duncan House Vs 31, N.S. Road Kolkata - 700001 [Pan : Aaecs0759B] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Akkal Dudhewala, Fca Revenue By : Shri G. Hukugha Sema, Cit D/R सुनवाई क" तारीख/Date Of Hearing : 13/04/2023 घोषणा क" तारीख /Date Of Pronouncement: 10/07/2023 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The Assistant Commissioner Of Income Tax, Circle- 4(1), Kolkata (Hereinafter The “Ld. Cit(A)”) Dt. 20/06/2022, Passed U/S 144C(13) Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2018-19 Which Is Arising Out Of The Directions Of The Dispute Resolution Panel -2, New Delhi (Hereinafter Referred To As The ‘Ld. Drp) U/S 144C(5) Of The Act Dt. 29/04/2022. The Assessee Has Raised The Following Grounds Of Appeal:- “1. For That On The Facts & In The Circumstances Of The Case & In Law, The Ao/Tpo In Complete Disregard Of The Binding Precedent In Assessee'S Own Case For 2

For Appellant: Shri Akkal Dudhewala, FCAFor Respondent: Shri G. Hukugha Sema, CIT D/R
Section 144C(13)Section 144C(5)Section 80Section 92B

Deputy Commissioner of Income-Tax, Circle - 8, Pune vs. M/S. Finolex Cables Ltd, Pune

In the result, appeal of the Revenue is partly allowed

ITA 539/PUN/2022[2013-14]Status: DisposedITAT Pune26 May 2023AY 2013-14

Bench: Shri R.S. Syal, Hon. Vice-& Shri Partha Sarathi Chaudhury, Hon.Dcit, Circle-8, Vs M/S. Finolex Cables Ltd., Pune. 26/27, Mumbai Pune Road, Pimpri, Pune. Pan: Aaacf 2637 D Appellant/Revenue Respondent /Assessee Assessee By : Shrij.G. Pendse, Ar Revenue By : Shrim.M. Chate, Cit Dr Date Of Hearing : 24/05/2023 Date Of Pronouncement : 26/05/2023 Order Perpartha Sarathi Chaudhury, Jm: This Appeal Preferred By The Revenue Emanates From The Order Of Commissioner Of Income Tax (Appeals)-13, Pune, Dated 19.05.2022For A.Y.2013-14 As Per The Following Revised Grounds Of Appeal:- “1(A) Whether On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred In Allowing The Claim Of The Assessee U/S 80Ic On Income Earned From Sale Of Scrap Without Appreciating The Fact That Assesses Itself Categorized Income Earned From Sale Of Scrap As Other Income In The Profit & Loss Statement Of Roorkee Unit Undertaking & The Same Is Not Derived From The Activities Of The Eligible Business. 1(B) Whether On The Facts & Circumstances Of The Case & In Law, The Ld.Cit(A)Has Erred In Ignoring The Decision Of Hon'Ble Supreme Court In The Case Of Liberty India Vs. Cit (2009) 317 Itr 218 (Sc) Wherein The Words "Derived From' Is Explained? 1(C) Whether On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Was Justified In Allowing The Claim Of The Assessee U/S 80Ic On Sale Of Scrap, Relying On The Decision Of The Hon'Ble Madras High Court In The Case Of M/S Fenner India Ltd. (241 Itr 803) Without Appreciating The Facts That The Same Has Been M/S. Finolex Cables Ltd.

For Appellant: ShriJ.G. Pendse, ARFor Respondent: ShriM.M. Chate, CIT DR
Section 143(3)Section 14ASection 80ISection 92(2)Section 92B