Section 92C of the Income Tax Act

Income-tax Act, 2025: s.165

Section 92C of the Income-tax Act, 1961 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 is Sony Ericsson Mobile Communications India Pvt. Ltd. v. CIT (374 ITR 118), cited in 499 of the 1,769 judgments on BharatTax that turn on this section.

Leading authorities on Section 92C

Sony Ericsson Mobile Communications India Pvt. Ltd. v. CIT
374 ITR 118 · 2015 · High Court
499
citing judgments

The existence of an international transaction for Advertising and Marketing Promotion (AMP) expenditure requires the revenue to discharge the burden of proof. An explanation inserted under Section 92B does not automatically make AMP expenditure an international transaction.

CIT v. EKL Appliances Ltd.
345 ITR 241 · 2012 · High Court
422
citing judgments

Transfer pricing adjustments for outstanding receivables are permissible only if the Tax Officer establishes, through analysis over a period, a pattern indicating an international transaction intended to benefit an associated enterprise. The Tax Officer cannot question purely business decisions like royalty payments or exceed jurisdiction by applying cost-benefit analysis to determine the arm's length price of services.

Maruti Suzuki India Ltd. v. CIT
381 ITR 117 · 2016 · High Court
220
citing judgments

The Bright Line Test (BLT) is not a recognized method under the Income-tax Act and Rules for benchmarking advertising, marketing, and promotion (AMP) expenses or for determining the existence of an international transaction or its Arm's Length Price. The Revenue must first establish the existence and price of an international transaction before seeking an ALP adjustment.

Bausch & Lomb Eye Care (India) Pvt. Ltd. v. Additional CIT
381 ITR 227 · 2016 · High Court
127
citing judgments

The existence of an international transaction must be established before its arm's length price can be determined. An alleged 'excessive' AMP expenditure cannot unilaterally expand the scope of an international transaction if its existence is contested.

CIT v. Cushman & Wakefield (India) (P.) Ltd.
367 ITR 730 · 2014 · High Court
120
citing judgments

This case determines the Arm's Length Price (ALP) for intra-group services and reimbursements, clarifying when charges constitute services warranting a mark-up versus mere pass-through costs. It provides guidance on the circumstances under which an ALP adjustment, including an ALP of 'nil', is appropriate for such transactions.

Whirlpool of India Ltd. v. DCIT
381 ITR 154 · 2016 · High Court
119
citing judgments

Advertisement, Marketing, and Promotion (AMP) expenditure incurred by an Indian entity directly benefits its own business and cannot be automatically treated as an international transaction for global brand building by associated enterprises without specific statutory provisions or proper analysis.

CIT v. Lever India Exports Ltd.
78 Taxmann.com 88 · 2017 · High Court
111
citing judgments

A Transfer Pricing Officer (TPO) must adhere to prescribed methods under Section 92C for determining Arm's Length Price (ALP); an ALP determination at Nil or an adjustment using the 'Other Method' is unsustainable without proper comparability analysis. The TPO's jurisdiction is confined to ALP determination, respecting the commercial expediency of the assessee's business strategy, such as shared advertisement expenditure.

Kesoram Industries & Cotton Mills Ltd. v. CIT
196 ITR 845 · 1992 · High Court
61
citing judgments

Expenditure incurred for exploring the feasibility of expanding or extending an existing business by setting up a new unit in the same line of business is revenue expenditure, not capital expenditure. Such expenditure, including obtaining project reports or legal opinions on desirability or feasibility, does not constitute the setting up of a new business.

Commissioner of Income Tax v. Merck Ltd.
389 ITR 70 · 2016 · High Court
48
citing judgments

Ad-hoc transfer pricing adjustments are not justified if the Transfer Pricing Officer fails to apply one of the prescribed methods under Section 92C. The arm's length nature of international transactions, including intra-group services and management fees, should be determined through a detailed FAR analysis and benchmarking study.

CIT v. Glaxo Smithkline Asia (P.) Ltd.
195 Taxmann 35 · 2010 · Supreme Court
46
citing judgments

The Supreme Court may dismiss an appeal challenging the allocation of intra-group cross-charges if the entire transaction is found to be revenue neutral for the relevant assessment year.

Judgments on Section 92C

M/S. Bayer Vapi Private Ltd. (Formerly Known As Bilag Industries P. Ltd.), Vapi vs. The Asstt. Commissioner of Income Tax, Vapi Circle, Vapi

In the result, the appeal of the assessee is partly allowed for A

ITA 1769/AHD/2016[2011-12]Status: DisposedITAT Surat24 Oct 2019AY 2011-12

Bench: Shri Amarjit Singh & Shri O.P. Meena, Accoutant Member आ.अ.सं/.I.T.A No’S.2886/Ahd/2010, 794/Ahd/2014 & 1769/Ahd/2016 िनधा"रण वष"/Assessment Years:2006-07, 2009-10 & 2011-12 बनाम M/S. Bilag Industries Pvt. Ltd. , Addl. Cit Range- ( Now Known As M/S. Bayer Vapi Vs. Vapi, Range Vapi Private Limited) 306/3,Phase-Ii Shivam Commercial Complex Gidc-1, Vapi Gujarat National Highway No 8 Vapi Pan: Aabcb 2100 L अपीलाथ" Appellant ""यथ"/Respondent Shri A. Gopalakrishnan Aiyer - Ca िनधा"रती क" ओर से /Assessee By Shri O. P. Singh Cit (D.R.) राज"व क" ओर से /Revenue By 26.09.2019 सुनवाई क" तारीख/ Date Of Hearing: 24.10.2019 उ"ोषणा क" तारीख/Pronouncement On आदेश /O R D E R Per O. P. Meena, Am: 1. The Above Captioned Three Appeals For The Assessment Year 2006-07, 2009-10 & 2011-12 By The Assessee Are Directed Against The Assessment Order Passed U/S. 143(3) R.W.S. 144C Dated 28.07.2010 & Dated 15.01.2014 Respectively Under The Income-Tax Act,1961 ['The Act' For Short] On The Direction Of Drp By The Addl. Cit Range-Vapi Range Vapi (Herein After Referred As The Ao) & The Appeal For The Assessment Year 2011-12 By The Assessee Is Directed Against The Order Of Ld. Cit (A) Dated 29.04.2016. Since The Common Issues Are Involved In These Appeals Therefore, These Were Heard Together & Consolidated Order Is Being Passed As Under: It(Tp)A No.2886/Ahd/2010/A.Y. 2006-07/ By The Assessee: 2. Ground Nos.1 Is General In Nature & Do Not Require Adjudication.

For Appellant: 2. Ground Nos.1 is general in nature and do not require adjudication
Section 143(3)

Copal Research India Pvt. Ltd., Gurgaon vs. DCIT, New Delhi

In the result, the appeal filed by the assessee is allowed

ITA 6410/DEL/2016[2006-07]Status: DisposedITAT Delhi15 Oct 2019AY 2006-07

Bench: Shri R.K. Panda & Shri Kuldip Singhassessment Years: 2006-07 Copal Research India Pvt. Ltd., Vs Dcit, Plot No.267, Phase-Ii, Circle-6(2), Udyog Vihar, New Delhi. Gurgaon. Pan: Aaccc1159R (Appellant) (Respondent) Assessee By : Shri K.M. Gupta, Advocate, Ms Shruti Khimta, Ar& Mr. Neeraj Sharma, Ar Revenue By : Shri Subha Kant Sahu, Sr. Dr Date Of Hearing : 07.10.2019 Date Of Pronouncement : 15.10.2019 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 31St August, 2016 Passed U/S 254/143(3) Read With Section 144C Of The It Act, 1961 For The Assessment Year 2006-07. 2. This Is The Second Round Of Litigation Before The Tribunal. Earlier, The Tribunal, Vide Ita No.3955/Del/2010, Order Dated 8Th May, 2015, Had Restored The Issue Back To The File Of The Drp On The Ground That The Assessee Has Raised A Number Of Contentions Before The Drp & None Of These Contentions Were Considered By The Drp & They Have Not Passed A Speaking Order In This Case. Subsequently, The Drp, Vide Order Dated 28Th June, 2016, Passed The Order. The Assessing Officer, Vide Order Dated 31St August, 2016, Revised The Tp Adjustment To Rs.1,28,30,310/- As Against The Original Adjustment Of Rs.1,77,38,869/-.

For Appellant: Shri K.M. Gupta, AdvocateFor Respondent: Shri Subha Kant Sahu, Sr. DR
Section 144CSection 254Section 92C(3)Section 92D

ACIT, New Delhi vs. M/S. Stanley Electric Engineering India Pvt. Ltd., Gurgaon

In the result, the appeal of the revenue is dismissed and the CO of the assessee is allowed

ITA 944/DEL/2012[2007-08]Status: DisposedITAT Delhi01 Oct 2019AY 2007-08

Bench: Sh. Amit Shukladr. B. R. R. Kumarita No. 944/Del/2012 : Asstt. Year : 2007-08 Asstt. Commissioner Of Income Vs M/S Stanley Electric Engineering Tax, Circle-9(1), India Pvt. Ltd., Plot No. 164, New Delhi Sector-5, Imt, Manesar, Gurgaon-122050 (Appellant) (Respondent) Pan No. Aafcs5100F Co No. 115/Del/2014 : Asstt. Year : 2007-08 M/S Stanley Electric Engineering Vs Asstt. Commissioner Of Income India Pvt. Ltd., Plot No. 164, Tax, Circle-9(1), Sector-5, Imt, Manesar, New Delhi Gurgaon-122050 (Appellant) (Respondent) Pan No. Aafcs5100F Assessee By : Sh. R. R. Maurya, Adv. & Sh. Bhuvan Mahajan, Adv. Revenue By : Ms. Nidhi Sharma, Sr. Dr Date Of Hearing: 29.08.2019 Date Of Pronouncement: 01.10.2019 Order Per Dr. B. R. R. Kumar: The Appeal By The Revenue & The Cross Objection By The Assessee Are Directed Against The Order Of The Ld. Cit(A)-Xx, New Delhi Dated 21.12.2011. 2. Following Grounds Have Been Raised By The Revenue: “1. The Ld. Cit (A) Erred In Law & On The Facts Of The Case In Allowing Working Capital Adjustment To The Assessee While Computing Its Arm’S Length Price 2 Co No. 115/Del/2014 Stanley Electric Engg. India Pvt. Ltd. Margin Even Though The Same Is Not Warranted On The Facts Of The Case & Despite The Assessee Not Even Asking For The Same Before The Tpo. 2. The Ld. Cit (A) Erred In Law & On Facts Of The Case In Rejecting One Of The Four Comparables Namely Sumi Motherson Innovative Engg. Ltd. On The Ground That It Has Very High Related Party Transaction Which Resulted In Relief Of Rs.32,73,326/- To The Assessee.”

For Appellant: Sh. R. R. Maurya, Adv. &For Respondent: Ms. Nidhi Sharma, Sr. DR