Section 92CA of the Income Tax Act

Income-tax Act, 2025: s.166

Section 92CA of the Income-tax Act, 1961 corresponds to section 166 (Reference to Transfer Pricing Officer) of the Income-tax Act, 2025.

Read section 166 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 92CA is CIT v. EKL Appliances Ltd. (345 ITR 241), cited in 422 of the 3,978 judgments on BharatTax that turn on this section.

Leading authorities on Section 92CA

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.

CIT v. Sterling Foods
237 ITR 579 · 1999 · Supreme Court
311
citing judgments

Income eligible for profit-linked deductions under sections like 80-IC or 10B must have a direct nexus to the eligible business activity or be derived from the industrial undertaking itself, and not merely attributable to it or arising from a post-manufacturing event.

CIT v. Everest Kento Cylinders Ltd.
378 ITR 57 · 2015 · High Court
304
citing judgments

Corporate guarantee fees are subject to transfer pricing rules, and adjustments may be needed to account for differences between corporate guarantees and more liquid bank guarantees when determining arm's length price.

Commissioner of Income Tax v. Roca Bathroom Products (P) ltd.
445 ITR 537 · 2022 · High Court
269
citing judgments

The time limit for the Assessing Officer to pass a final assessment order under Section 144C(13) following directions from the Dispute Resolution Panel is determined by the specific provisions of Section 153, particularly Section 153(2A).

Shelf Drilling 4. In ACIT (International Taxation) v. Shelf Drilling Ron Tappmeyer Ltd.
177 Taxmann.com 262 · 2025 · Supreme Court
216
citing judgments

The Supreme Court has not reached a majority verdict on whether the time spent in Dispute Resolution Panel (DRP) proceedings under Section 144C should be included within the overall limitation period prescribed by Section 153(3). Consequently, the legal position on the interplay between Sections 144C and 153 remains unresolved at the Supreme Court level.

CIT v. Roca Bathroom Products (P.) Ltd.
147 Taxmann.com 224 · 2023 · Supreme Court
178
citing judgments

The grant of special leave by the Supreme Court signifies that an issue is admitted for final adjudication, and the correctness of the High Court's judgment is under scrutiny. The order granting leave does not affirm the High Court's view nor declare law; consequently, the High Court judgment loses its finality.

Chryscapital Investment Advisors (India) Pvt. Ltd. v. DCIT
376 ITR 183 · 2015 · High Court
170
citing judgments

For transfer pricing comparability analysis, companies should not be excluded solely based on higher turnover if they are otherwise functionally comparable, unless the turnover difference reflects fundamental functional dissimilarities, brand value, or risk profiles that materially impact profitability.

Shelf Drilling Ron Tappmeyer Ltd. v. ACIT\n(Intl. Taxation)
153 Taxmann.com 162 · 2023 · High Court
169
citing judgments

The time consumed in proceedings before the Dispute Resolution Panel (DRP) under Section 144C must be subsumed within the limitation period prescribed under Section 153 for the completion of assessment, meaning these timelines are not mutually exclusive.

Sultana Begum v. Prem Chand Jain
259 ITR 449 · 2003 · Supreme Court
147
citing judgments

Section 144C(4) uses a non-obstante clause to expedite the final assessment order, requiring the Assessing Officer to pass it immediately upon acceptance or lack of objection to the TPO's order, irrespective of broader time limits under Section 153.

CIT v. Faizan Shoes (P.) Ltd.
367 ITR 155 · 2014 · High Court
139
citing judgments

Disallowance under section 40(a)(i) for non-deduction of tax at source on export agency commission paid to a non-resident does not apply if the non-resident's income is not taxable in India under section 9(1), such as when the agent operates outside India without a permanent establishment or business connection in India.

Judgments on Section 92CA

M/S. Aic Iron Industries Pvt. Ltd., Kolkata vs. Pr.CIT-1, Kolkata

Appeal is allowed

ITA 1332/KOL/2019[2014-15]Status: DisposedITAT Kolkata31 Dec 2019AY 2014-15

Bench: Shri S. S. Godara, Jm & Dr. A. L. Saini, Am आयकर अपीलसं./I.T.A No.1332/Kol/2019 ("नधा"रण वष" / Assessment Year: 2014-15) Aic Iron Industries Pvt. Ltd. Vs. Pcit-1, Kolkata 25, Ganesh Chandra Avenue, 4Th Floor, Kolkata – 700013. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaccn0217F (Appellant) .. (Respondent) Appellant By : Shri Sunil Surana, Fca Respondent By : Shri Radhey Shyam, Cit सुनवाईक"तार"ख/ Date Of Hearing : 16/12/2019 घोषणाक"तार"ख/Date Of Pronouncement : 31/12/2019 आदेश / O R D E R Per Shri S. S. Godara: This Assessee’S Appeal For Assessment Year 2014-15 Arises Against The Principal Commissioner Of Income Tax (A), Kolkata Dated 12.03.2019 Involving Proceedings U/S 263 Of The Income Tax Act, 1961 (In Short ‘The Act’). Heard Both The Parties. Case File Perused. 2. Relevant Facts Involved In The Instant Lis Are In A Very Narrow Compass. The Assessing Officer Has Framed His Regular Assessment In Issue Dated 19.12.16 Disallowing Administrative Expenditure Of Rs.46,420/- Under Rule 8D(2)(Iii) R.W. Section 14A Of The Act. The Pcit Assumed His Revision Jurisdiction Terming The Above Regular Assessment As Erroneous Causing Prejudice To Interest Of The Revenue Since There Were ‘Large Specific Domestic Transactions” & The Assessing Officer Had Completed His Assessment Without Making Any Reference To The Tpo To Determine Arm’S Length Price Thereof. He Quotes Cbdt Instruction No.3/2016 Dated 10.03.16 Regarding Guidelines For Implementation Of Transfer Pricing

For Appellant: Shri Sunil Surana, FCAFor Respondent: Shri Radhey Shyam, CIT
Section 14ASection 263Section 40

Oriental Aromatics Ltd, Mumbai vs. Asst CIT Cir 1(2)(1), Mumbai

In the result, the appeals filed by the Revenue challenging the judgment of the Punjab and Haryana High Court in State Bank of Patiala also fail, though law in this respect has been clarified herei...

ITA 687/MUM/2016[2011-12]Status: HeardITAT Mumbai31 Dec 2019AY 2011-12

Bench: Sri Mahavir Singh, Jm & Sri Manoj Kumar Aggarwal, Am आयकर अपील सुं./ Ita No. 1039/Mum/2015 (यनर्ाारण वर्ा / Assessment Year 2010-11) आयकर अपील सुं./ Ita No. 687/Mum/2016 (यनर्ाारण वर्ा / Assessment Year 2011-12) Oriental Aromatics Limited The Dy. Commissioner Of (Amalgamated With Camphor Income-Tax & Allied Products Limited. Circle-1(2)(2), Mumbai Changed Its Name To Oriental बनाम/ Aromatics Limited) Vs. Jehangir Bldg., 2Nd Floor 133, M.G. Road, Mumbai-400 001 (प्रत्यर्थी/ Respondent) (अपीलार्थी / Appellant) स्र्थायी लेखा सुं./Pan No. Aaaco4618F अपीलार्थी की ओर से / Appellant By : Shri Vipti T. Patel, Ar प्रत्यर्थी की ओर से / Respondent By : Shri. Pavan Kumar Veerla, Dr सुनवाई की तारीख / Date Of Hearing: 11.09.2019 घोर्णा की तारीख / Date Of Pronouncement: 31.12.2019 A A D O S A / O R D E R

For Appellant: Shri Vipti T. Patel, ARFor Respondent: Shri. Pavan Kumar Veerla, DR
Section 143(3)Section 144CSection 144C(3)Section 92CSection 92E

Tpr Autoparts Mfg India Pvt. Ltd., New Delhi vs. DCIT, Circle- 25(2), New Delhi

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

ITA 4744/DEL/2017[2011-12]Status: DisposedITAT Delhi13 Dec 2019AY 2011-12

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2011-12 Tpr Autoparts Mfg. India Pvt. Ltd., Vs Dcit, Mayur Batra & Co., Ca, Circle-25(2), 7, Barakhamba Road, New Delhi. New Delhi. Pan: Aacct9433D (Appellants) (Respondents) Assessee By : Shri C.S. Aggarwal, Sr. Advocate Deptt. By : Shri H.K. Choudhary, Cit, Dr & Ms Nidhi Sharma, Sr. Dr Date Of Hearing : 17.09.2019 Date Of Pronouncement : 13.12.2019 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 27Th December, 2016 Of The Cit(A)-44, New Delhi, Relating To The Assessment Year 2011-12. 2. Facts Of The Case, In Brief, Are That The Assessee Company Is A Wholly Owned Subsidiary Of M/S Teikoku Piston Ring Co. Ltd. (Japan). It Had Been Incorporated On 27.03.2008 With The Main Object To Carry On The Business To Manufacture, Export, Buy & Sell & Otherwise Deal In ‘Moulded’ Automobile Products I.E. Piston Rings, Cylinder Liners, Valve Seat Rings & Other Automotive Parts. It Is The Third Year Of Its Existence, Though Effectively It Is The Second Year Of Production After Its Set Up & Commencement Of Business In The Fy 2009-10. It Filed Its Return Of Income On 29.11.2011 Declaring A Loss Of Rs.6,45,23,822/-. Since The Assessee Had Entered Into Certain International Transactions With Its Aes, The Assessing Officer Referred The Matter To The Transfer Pricing Officer U/S 92Ca Of The Act For Determination Of The Arm’S Length Price Of Such International Transactions. The Tpo, During The Course Of Tp Assessment Proceedings, Observed That The Assessee Company Has Undertaken The Following International Transactions With Its Aes:- No. Nature Of Transaction Method Amount (In Rs.) Purchase Of Raw 1 5,85,47,963 Materials/Assets/Spares Tnmm Payment Of Royalty 76,32,183 2 Tnmm 3 Reimbursement Of Expenses To Ae 9,14,253 -

For Appellant: Shri C.S. Aggarwal, Sr. Advocate
Section 92C

DCIT, Circle - 11(2), Kolkata vs. M/S. Wacker Metroark Chemicals Private Limited, Kolkata

In the result, appeal of the revenue is dismissed

ITA 1087/KOL/2018[2013-14]Status: DisposedITAT Kolkata11 Dec 2019AY 2013-14

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godara) Assessment Year: 2013-14 Deputy Commissioner Of Income Tax, Ward-11(2), Kolkata………..........…….…….....…....Appellant Vs. M/S. Wacker Metroark Chemicals Private Limited.................................……………..…......Respondent Block-Bn, Plot-7 Sector-V Kolkata – 700 091 [Pan : Aaacw 2192 G] Appearances By: Shri Sanjay Paul, Addl. Cit D/R, Appearing On Behalf Of The Revenue. Shri R.N. Dutt, Advocate & Ms. Sutapa Roy Choudhury, Advocate, Appeared On Behalf Of The Assessee. Date Of Concluding The Hearing : November 25Th, 2019 Date Of Pronouncing The Order : December 11Th, 2019 Order Per J. Sudhakar Reddy, Am :- This Appeal Filed By The Revenue Is Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals) – 22, Kolkata, (Hereinafter The “Ld.Cit(A)”), Passed U/S. 250 Of The Income Tax Act, 1961 (The ‘Act’), Dt. 26/02/2018, For The Assessment Year 2013-14. 2. At The Outset We Find That There Is A Delay Of 1 (One) Day In Filing Of This Appeal By The Revenue. After Perusing The Petition For Condonation, We Are Convinced That The Department Was Prevented By Sufficient Cause From Filing The Appeal On Time. Hence The Delay Is Condoned & The Appeal Is Admitted.

Section 143(3)Section 250Section 92C

M/S Ocap Chassis Parts Pvt Ltd., New Delhi vs. ACIT, New Delhi

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

ITA 1928/DEL/2017[2012-13]Status: DisposedITAT Delhi11 Dec 2019AY 2012-13

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2012-13 Ocap Chassis Parts Pvt. Ltd., Vs Acit, 62, Sreshtha Vihar, Circle-19(1), Vikas Marg Extension, New Delhi. New Delhi. Pan: Aaaco4028M (Appellants) (Respondents) Assessee By : Shri Vishal Kalra, Advocate Deptt. By : Ms Nidhi Sharma, Sr. Dr Date Of Hearing : 24.09.2019 Date Of Pronouncement : 11.12.2019 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 20Th January, 2017 Passed By The Assessing Officer U/S 143(3) R.W. Section 144C Of The It Act, 1961 Relating To The Assessment Year 2012-13. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Company Engaged In The Business Of Manufacturing Of Automobile, Steering & Suspension Parts For The Auto Manufacturers. It Filed Its Return Of Income On 30.11.2012 Declaring The Total Income Of Rs.71,98,240/-. Since The Assessee Had Entered Into Certain International Transactions, The Assessing Officer Referred The Matter To The Transfer Pricing Officer U/S 92Ca Of The Act For Determination Of The Arm’S Length Price Of The International Transactions. The Tpo Passed An Order Proposing An Adjustment Of Rs.2,69,92,075/-. The Assessing Officer, In The Draft Assessment Order Accordingly Made The Addition & Determined The Total Income At Rs.3,41,90,315/-. The Assessee Approached The Drp Who Upheld The Action Of The A.O./Tpo. Accordingly, The Assessing Officer Passed The Final Order Making The Addition Of Rs.2,53,72,551/-.

For Appellant: Shri Vishal Kalra, Advocate
Section 143(3)Section 144CSection 234BSection 271Section 92Section 92C