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 Ceva Freight (India) Pvt. Ltd., Gurgaon vs. ACIT, Gurgaon

ITA 1297/DEL/2016[2011-12]Status: DisposedITAT Delhi12 Feb 2019AY 2011-12

Bench: Shri N. K. Saini & Ms Suchitra Kambleceva Freight India Pvt. Ltd. Vs Dcit (Now Merged With Ceva Logistics Circle-1(1), Gurgaon India Private Limited W.E.F. April, 5Th Floor, Hsiidc Building, 1, 2016 Vide Order Dated Vanijya Nikunj, Udyog November 9, 2017 Of National Vihar, Phase-V Company Law Tribunal) Gurgaon Sewa Tower, Plot No. 19, Sectdor- 18, 2Nd Floor, Block, C, Maruti Industrial Complex, Udyog Vihar Gurgaon Aaacc2674H (Respondent) (Appellant) Ceva Freight India Pvt. Ltd. Vs Dcit Sewa Tower, Plot No. 19, Sectdor- Circle-1(1), 18, 5Th Floor, Hsiidc Building, 2Nd Floor, Block, C, Maruti Vanijya Nikunj, Udyog Industrial Complex, Udyog Vihar Vihar, Phase-V Gurgaon Aaacc2674H Gurgaon (Appellant) (Respondent) Ceva Freight India Pvt. Ltd. Vs Acit Formerly Known As Egl Eagle Circle 1(1) Global Logistic (India) Pvt. Ltd. Gurgaon 1St Floor, Tower C, Dlf Building No. 10 Dlf Phase-Ii, Dlf Cyber (Respondent) City, Gurgaon Aaacc2674H (Appellant) Vs Dcit Formerly Known As Egl Eagle Circle 11(1) Global Logistic (India) Pvt. Ltd. New Delhi 1St Floor, Tower C, Dlf Building No. 10 Dlf Phase-Ii, Dlf Cyber (Respondent) City, Gurgaon Aaacc2674H (Appellant) Ceva Freight India Pvt. Ltd. Vs Dcit 1St Floor, Tower C, Dlf Building Circle 1(1) No. 10, Gurgaon Dlf Phase-Ii, Dlf Cyber City, Gurgaon Aaacc2674H (Respondent) (Appellant)

Section 143Section 143(3)Section 144CSection 144C(1)Section 144C(5)Section 92CSection 92F

Ceva Freight (India) Pvt. Ltd., Gurgaon vs. DCIT, Gurgaon

ITA 1739/DEL/2015[2010-11]Status: DisposedITAT Delhi12 Feb 2019AY 2010-11

Bench: Shri N. K. Saini & Ms Suchitra Kambleceva Freight India Pvt. Ltd. Vs Dcit (Now Merged With Ceva Logistics Circle-1(1), Gurgaon India Private Limited W.E.F. April, 5Th Floor, Hsiidc Building, 1, 2016 Vide Order Dated Vanijya Nikunj, Udyog November 9, 2017 Of National Vihar, Phase-V Company Law Tribunal) Gurgaon Sewa Tower, Plot No. 19, Sectdor- 18, 2Nd Floor, Block, C, Maruti Industrial Complex, Udyog Vihar Gurgaon Aaacc2674H (Respondent) (Appellant) Ceva Freight India Pvt. Ltd. Vs Dcit Sewa Tower, Plot No. 19, Sectdor- Circle-1(1), 18, 5Th Floor, Hsiidc Building, 2Nd Floor, Block, C, Maruti Vanijya Nikunj, Udyog Industrial Complex, Udyog Vihar Vihar, Phase-V Gurgaon Aaacc2674H Gurgaon (Appellant) (Respondent) Ceva Freight India Pvt. Ltd. Vs Acit Formerly Known As Egl Eagle Circle 1(1) Global Logistic (India) Pvt. Ltd. Gurgaon 1St Floor, Tower C, Dlf Building No. 10 Dlf Phase-Ii, Dlf Cyber (Respondent) City, Gurgaon Aaacc2674H (Appellant) Vs Dcit Formerly Known As Egl Eagle Circle 11(1) Global Logistic (India) Pvt. Ltd. New Delhi 1St Floor, Tower C, Dlf Building No. 10 Dlf Phase-Ii, Dlf Cyber (Respondent) City, Gurgaon Aaacc2674H (Appellant) Ceva Freight India Pvt. Ltd. Vs Dcit 1St Floor, Tower C, Dlf Building Circle 1(1) No. 10, Gurgaon Dlf Phase-Ii, Dlf Cyber City, Gurgaon Aaacc2674H (Respondent) (Appellant)

Section 143Section 143(3)Section 144CSection 144C(1)Section 144C(5)Section 92CSection 92F

M/S. Ceva Freight (India) Private Limited, Gurgaon vs. DCIT, New Delhi

ITA 2434/DEL/2014[2009-10]Status: DisposedITAT Delhi12 Feb 2019AY 2009-10

Bench: Shri N. K. Saini & Ms Suchitra Kambleceva Freight India Pvt. Ltd. Vs Dcit (Now Merged With Ceva Logistics Circle-1(1), Gurgaon India Private Limited W.E.F. April, 5Th Floor, Hsiidc Building, 1, 2016 Vide Order Dated Vanijya Nikunj, Udyog November 9, 2017 Of National Vihar, Phase-V Company Law Tribunal) Gurgaon Sewa Tower, Plot No. 19, Sectdor- 18, 2Nd Floor, Block, C, Maruti Industrial Complex, Udyog Vihar Gurgaon Aaacc2674H (Respondent) (Appellant) Ceva Freight India Pvt. Ltd. Vs Dcit Sewa Tower, Plot No. 19, Sectdor- Circle-1(1), 18, 5Th Floor, Hsiidc Building, 2Nd Floor, Block, C, Maruti Vanijya Nikunj, Udyog Industrial Complex, Udyog Vihar Vihar, Phase-V Gurgaon Aaacc2674H Gurgaon (Appellant) (Respondent) Ceva Freight India Pvt. Ltd. Vs Acit Formerly Known As Egl Eagle Circle 1(1) Global Logistic (India) Pvt. Ltd. Gurgaon 1St Floor, Tower C, Dlf Building No. 10 Dlf Phase-Ii, Dlf Cyber (Respondent) City, Gurgaon Aaacc2674H (Appellant) Vs Dcit Formerly Known As Egl Eagle Circle 11(1) Global Logistic (India) Pvt. Ltd. New Delhi 1St Floor, Tower C, Dlf Building No. 10 Dlf Phase-Ii, Dlf Cyber (Respondent) City, Gurgaon Aaacc2674H (Appellant) Ceva Freight India Pvt. Ltd. Vs Dcit 1St Floor, Tower C, Dlf Building Circle 1(1) No. 10, Gurgaon Dlf Phase-Ii, Dlf Cyber City, Gurgaon Aaacc2674H (Respondent) (Appellant)

Section 143Section 143(3)Section 144CSection 144C(1)Section 144C(5)Section 92CSection 92F

Ceva Freight India Pvt. Ltd., Gurgaon vs. DCIT, New Delhi

ITA 5682/DEL/2011[2007-08]Status: DisposedITAT Delhi12 Feb 2019AY 2007-08

Bench: Shri N. K. Saini & Ms Suchitra Kambleceva Freight India Pvt. Ltd. Vs Dcit (Now Merged With Ceva Logistics Circle-1(1), Gurgaon India Private Limited W.E.F. April, 5Th Floor, Hsiidc Building, 1, 2016 Vide Order Dated Vanijya Nikunj, Udyog November 9, 2017 Of National Vihar, Phase-V Company Law Tribunal) Gurgaon Sewa Tower, Plot No. 19, Sectdor- 18, 2Nd Floor, Block, C, Maruti Industrial Complex, Udyog Vihar Gurgaon Aaacc2674H (Respondent) (Appellant) Ceva Freight India Pvt. Ltd. Vs Dcit Sewa Tower, Plot No. 19, Sectdor- Circle-1(1), 18, 5Th Floor, Hsiidc Building, 2Nd Floor, Block, C, Maruti Vanijya Nikunj, Udyog Industrial Complex, Udyog Vihar Vihar, Phase-V Gurgaon Aaacc2674H Gurgaon (Appellant) (Respondent) Ceva Freight India Pvt. Ltd. Vs Acit Formerly Known As Egl Eagle Circle 1(1) Global Logistic (India) Pvt. Ltd. Gurgaon 1St Floor, Tower C, Dlf Building No. 10 Dlf Phase-Ii, Dlf Cyber (Respondent) City, Gurgaon Aaacc2674H (Appellant) Vs Dcit Formerly Known As Egl Eagle Circle 11(1) Global Logistic (India) Pvt. Ltd. New Delhi 1St Floor, Tower C, Dlf Building No. 10 Dlf Phase-Ii, Dlf Cyber (Respondent) City, Gurgaon Aaacc2674H (Appellant) Ceva Freight India Pvt. Ltd. Vs Dcit 1St Floor, Tower C, Dlf Building Circle 1(1) No. 10, Gurgaon Dlf Phase-Ii, Dlf Cyber City, Gurgaon Aaacc2674H (Respondent) (Appellant)

Section 143Section 143(3)Section 144CSection 144C(1)Section 144C(5)Section 92CSection 92F