Section 92C(2) of the Income Tax Act

Income-tax Act, 2025: s.165

Section 92C(2) falls under section 92C of the Income-tax Act, 1961, which corresponds to section 165 (Determination of arm’s length price) of the Income-tax Act, 2025.

Read section 165 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 92C(2) is Aztec Software & Technologies Services Ltd. v. Asstt. CIT (107 ITD 141), cited in 90 of the 356 judgments on BharatTax that turn on this section.

Leading authorities on Section 92C(2)

Aztec Software & Technologies Services Ltd. v. Asstt. CIT
107 ITD 141 · 2007 · ITAT
90
citing judgments

OECD Transfer Pricing Guidelines can be referred to for resolving transfer pricing disputes in India, even though India is not an OECD member, provided they are consistent with Indian statutory regulations. Availability of exemption under Section 10A does not bar the applicability of Section 92C and 92CA.

Pr.CIT v. B.C. Management Services (P.) Ltd.
89 Taxmann.com 68 · 2018 · High Court
56
citing judgments

Notional interest on delayed payments received from an Associated Enterprise (AE) cannot be treated as part of the income for tax purposes, thereby no question of law arises regarding such adjustments by the TPO/AO.

CIT v. Thyssen Krupp Industries Pvt. Ltd.
381 ITR 413 · 2016 · High Court
47
citing judgments

Transfer pricing adjustments must be restricted to international transactions with associated enterprises and cannot be made at the entity level or in respect of transactions with unrelated parties.

Smt. Neena Syal v. ACIT
70 ITD 62 · 1999 · ITAT
39
citing judgments

Disallowance of expenses cannot be made if their genuineness is not challenged. For unexplained money, possession of gold jewellery by married ladies up to 500 grams is considered explained.

LI and Fung India Pvt. Ltd. v. CIT
361 ITR 85 · 2014 · High Court
32
citing judgments

The cost base for applying the operating profit over total cost margin in transfer pricing cannot be broadened to include costs not incurred by the assessee. Tax authorities cannot impute costs incurred by third parties or associated enterprises for computing the assessee's net profit margin.

CIT Vs. Thyssen Krupp Industries Pvt. Ltd. (2016) 381 ITR 413 (Bom.) and CIT v. Tara Jewels Exports (P). Ltd.
381 ITR 404 · 2016 · High Court
28
citing judgments

The Transfer Pricing Officer (TPO) cannot make adjustments to the entire segment of manufacturing activity. Adjustments can only be made to the extent of international transactions and only to the extent of arm's length price.

10, 12 and 17 of Bechtel India (P) Ltd. v. ACIT, Circle 4(2), New Delhi
85 Taxmann.com 121 · 2017 · High Court
23
citing judgments

Interest on outstanding receivables from associated enterprises is considered an international transaction under Section 92B, requiring separate benchmarking, and is not automatically covered by working capital adjustments.

Gujarat Alkalies & Chemicals Ltd. v. CIT
350 ITR 94 · 2013 · High Court
20
citing judgments

A new undertaking is not deprived of its status as a separate and distinct entity merely because it is to a certain extent dependent on an existing unit, if the nature of the technology and mechanism of production warrants it.

Schefenacker Motherson Ltd. v. ITO
123 TTJ 509 · 2009 · ITAT
19
citing judgments

The Transactional Net Margin Method (TNMM) requires the use of net operating profit, not cash profit, for determining Arm's Length Price (ALP), in line with Section 92C and Rule 10B(1) of the Income-tax Act.

West Cost Paper Mills (P.)\nLtd v. CIT
52 Taxmann.com 268 · 2014 · ITAT
19
citing judgments

The ITAT Mumbai, in the case of West Coast Paper Mills (P.) Ltd. v. CIT, concurred with the findings of the CIT(A) concerning deductions under Section 80IA.

Judgments on Section 92C(2)

M/S. Avenue Asia Advisors Pvt. Ltd., New Delhi vs. DCIT, New Delhi

In the result, the appeal of the assessee is allowed for statistical purpose

ITA 6638/DEL/2013[2009-10]Status: DisposedITAT Delhi22 Jan 2016AY 2009-10

Bench: Smt. Diva Singh & Sh. O.P. Kantassessment Year: 2009-10 Avenue Asia Advisors Pvt. Vs. Dcit, Circle-2(1), Lower Ground Floor, C-4/5, New Delhi. Safdarjung Development Area, New Delhi (Pan: Aadcp7362G) (Appellant) (Respondent) Appellant By : S/Sh. Mukesh Butani, Vishal Kalra & Vivek Bansal, Adv. & Ms. Shweta Kashyap, Ca Respondent By : Sh. Anand Kumar Kedia, Cit(Dr) Date Of Hearing: 26.10.2015 Date Of Pronouncement: 22.01.2016 Order Per O.P. Kant, A.M.: The Present Appeal By The Assessee Is Directed Against The Order Dated 10.10.2013 Of The Deputy Commissioner Of Income-Tax, Circle-2(1), New Delhi Under Section 143(3) R.W.S. 144C Of The Income-Tax Act, 1961 (For Short “The Act”) In Relation To Assessment Year 2009-10. The Grounds Of Appeal Raised By The Assessee Are As Under: 1. That The Learned Assessing Officer ("Ao") Erred On The Facts & Circumstances Of The Case & In Law In Making An Addition To The Total Income Of The Appellant Amounting To Rs. 95,945,630/- In Pursuance To The Directions Of The Hon'Ble Dispute Resolution Panel ("Drp") Upholding The Adjustment To The Transfer Price Proposed By The Learned Transfer Pricing Officer ("Tpo").

For Appellant: S/sh. Mukesh Butani, Vishal Kalra & Vivek Bansal, AdvFor Respondent: Sh. Anand Kumar Kedia, CIT(DR)
Section 143(3)Section 92C(2)