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

Towers Watson India P.Ltd, Mumbai vs. DCIT Cir 8(3), Mumbai

In the result, the appeal of the assessee is allowed

ITA 3591/MUM/2015[2009-10]Status: DisposedITAT Mumbai12 May 2023AY 2009-10

Bench: Shri Aby T Varkey & Shri Amarjit Singhwillis Towers Watson Vs. The Dcit Central India Private Limited Circle – 8(3), Room No. 204, (F Orm Erly K Nown As T Ower S Wat S On I Nd Ia Pv T.L Td. ) Aaykar Bhavan 2 Floor, Tower B, Unitech Mumbai – 400 093 Business Park, South City-1, Sector 4, Gurgaon -122001 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaacg2955K Appellant .. Respondent Appellant By : Nikhil Tiwari Respondent By : Manoj Kumar Date Of Hearing 02.05.2023 Date Of Pronouncement 12.05.2023 आदेश / O R D E R Per Amarjit Singh (Am): The Present Appeal Filed By The Assesse Is Directed Against The Order Passed By The Ld. Cit(A)-58, Mumbai Dated 25.03.2015 For A.Y. 2009-10. The Assesse Has Raised The Following Grounds Before Us: “General Ground 1. Erred In Upholding The Action Of The Deputy Commissioner Of Income-Tax 8(3), Mumbai ('Learned Ao) In Determining The Total Taxable Income Of The Appellant For The Subject Ay At Rs.7,04,44,370 Instead Of The Amount Of Rs.1,14,98,477 As Reported Under Section 115Jb Of The Act, In The Return Of Income Filed By The Appellant. 2. Erred In Accepting The Contentions Of The Learned Ao Of Making A Reference Of The Appellant'S Case To The Deputy Commissioner Of Income-Tax Ii(8), Mumbai (Learned Tpo) Under Section 92Ca(1) Of The Act, Without Satisfying The Conditions Specified Therein

For Appellant: Nikhil TiwariFor Respondent: Manoj Kumar
Section 115JSection 92CSection 92C(4)

Veritas (India) Ltd, Mumbai vs. DCIT - CC- 5(1), Mumbai

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

ITA 1896/MUM/2019[2012-13]Status: DisposedITAT Mumbai04 May 2023AY 2012-13

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.1896/Mum/2019 (निर्धारण वर्ा / Assessment Years: 2012-13) M/S. Veritas (India) Ltd. बिधम/ Dcit, Central Circle-5(1) 701, Embassy Centre, Room No. 1928, 19Th Vs. Nariman Point, Mumbai- Floor, Air India Building 400021. Nariman Point, Mumbai- 400021. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacd1654J (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Gaurav Kabra Revenue By: Shri Samuel Pitta (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 31/03/2023 घोषणा की तारीख /Date Of Pronouncement: 04/05/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Company Against The Order Of The Ld. Cit(A)-53, Mumbai Dated 25.01.2019 For The Ay. 2012-13. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Confirming The Order Of The Ao U/S 143(3) R.W.S 153A, R.W.S. 144C(3) Of The Income Tax Act, 1961 (Hereinafter “The Act”). 3. First Of All, We Will Deal With The Ground No. 2 & 3, Wherein The Assessee Has Challenged The Action Of The Ao To Have Made An Addition On Account Of Transfer Pricing Adjustment Of Rs.1,93,43,532/- (On Account Of Share Application Money) & Rs.1,32,99,750/- (On Account Of Guarantee Commission) & Are Noted To Be Emanating From The Transfer Pricing Order (Tpo) Dated 29.01.2016 Passed U/S 92Ca(3) Of The Act. According To The Ld. Ar, The Tpo Order Is Bad In Law Because The Assessee Has Filed The Original Return Of Income On 29.12.2017

For Appellant: Shri Gaurav KabraFor Respondent: Shri Samuel Pitta (Sr. AR)
Section 132Section 143(2)Section 143(3)Section 153ASection 92C

M/S Northern Operating Services Private Limited, Bangalore vs. Joint Commissioner of Income Tax (JCIT) Special Range-5, Bangalore

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

ITA 2943/BANG/2018[2014-15]Status: DisposedITAT Bangalore01 May 2023AY 2014-15

Bench: Shri George George K, Jm & Shri Laxmi Prasad Sahu, Am It(Tp)A No.2943/Bang/2018 : Asst.Year 2014-2015 M/S.Northern Operating Services The Joint Commissioner Of Private Limited, 2Nd Floor, Income-Tax, Special Range 5 V. Rmz Ecospace, Campus 1C Bangalore. Sarjapur Outer Ring Road Bellandur Village, Varthur Hobli Bangalore – 560 103. Pan : Aaccn1652J. (Appellant) (Respondent) Appellant By : Sri.Ankur Pai, Advocate Respondent By : Sri.Sunil Kumar Singh, Cit-Dr Date Of Pronouncement : 01.05.2023 Date Of Hearing : 01.05.2023 O R D E R Per George George K, Jm : This Appeal At The Instance Of The Assessee Is Directed Against Final Assessment Order Dated 30.08.2018 Passed U/S 143(3) R.W.S. 144C(13) Of The Income-Tax Act, 1961 (“The Act” For Short). The Relevant Assessment Year Is 2014-2015. 2. The Brief Facts Of The Case Are As Follows: The Assessee Is A Company Engaged In The Business Of Providing Transaction Based Business Process Outsourcing Services To Its Group Companies. For The Assessment Year 2014-2015, The Return Of Income Was Filed On 28.11.2014 Declaring Income Of Rs.68,09,26,340. The Case Was Selected For Scrutiny & Notice U/S 143(2) Of The Act Was Issued On 29.08.2015. During The Course Of Assessment Proceedings

For Appellant: Sri.Ankur Pai, AdvocateFor Respondent: Sri.Sunil Kumar Singh, CIT-DR
Section 143(2)Section 143(3)Section 17(2)(iv)Section 37Section 92C