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

Lewek Altair Shipping Private Limited, Kakinada vs. Deputy Commissioner of Income-Tax, Circle-1, Kakinada

In the result, the appeal of the assessee is dismissed

ITA 147/VIZ/2021[2013-14]Status: DisposedITAT Visakhapatnam23 Jan 2023AY 2013-14

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.146/Viz/2021 & 147/Viz/2021 (ननधधारण वर्ा / Assessment Year : 2012-13 & 2013-14) Lewek Altair Shipping Private Limited Vs. Dy.Commissioner Of Income Tax D.No.3-16-193/1, Sri Vidya Colony Circle-1 Suryarao Peta, Kakinada Kakinada [Pan : Aabcl9766C] अपीलधथी की ओर से/ Appellant By : Shri Jitendra Singh, Ar प्रत्यधथी की ओर से / Respondent By : Shri Mn Murthy Naik, Cit(Dr) सुनवधई की तधरीख / Date Of Hearing : 21.11.2022 घोर्णध की तधरीख/Date Of Pronouncement : 23.01.2023 O R D E R Per Shri S.Balakrishnan: These Appeals Are Filed By The Assessee Against The Orders Of The Ao/Tpo/Dispute Resolution Panel-1, Bengaluru(Drp In Short) U/S 143(3) R.W.S 144C Of The Income Tax Act For The Assessment Years 2012-13 & 2013-14 Respectively. Since The Facts Are Identical, Both The Appeals Are Clubbed, Heard Together & Disposed Off In A Common Order For The Sake Of Convenience & The Facts Are Extracted From I.T.A.No.146/Viz/2021 For The A.Y.2012-13. 2 Ita No.146/Viz/2021 & 147/Viz/2021, A.Y.2012-13 & 2013-14 Lewek Altair Shipping Private Ltd., Kakinada

For Appellant: Shri Jitendra Singh, ARFor Respondent: Shri MN Murthy Naik, CIT(DR)
Section 143(3)Section 92C

Lewek Altair Shipping Private Limited, Kakinada vs. Deputy Commssioner of Income Tax, Circle-1, Kakinada

In the result, the appeal of the assessee is dismissed

ITA 146/VIZ/2021[2012-13]Status: DisposedITAT Visakhapatnam23 Jan 2023AY 2012-13

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.146/Viz/2021 & 147/Viz/2021 (ननधधारण वर्ा / Assessment Year : 2012-13 & 2013-14) Lewek Altair Shipping Private Limited Vs. Dy.Commissioner Of Income Tax D.No.3-16-193/1, Sri Vidya Colony Circle-1 Suryarao Peta, Kakinada Kakinada [Pan : Aabcl9766C] अपीलधथी की ओर से/ Appellant By : Shri Jitendra Singh, Ar प्रत्यधथी की ओर से / Respondent By : Shri Mn Murthy Naik, Cit(Dr) सुनवधई की तधरीख / Date Of Hearing : 21.11.2022 घोर्णध की तधरीख/Date Of Pronouncement : 23.01.2023 O R D E R Per Shri S.Balakrishnan: These Appeals Are Filed By The Assessee Against The Orders Of The Ao/Tpo/Dispute Resolution Panel-1, Bengaluru(Drp In Short) U/S 143(3) R.W.S 144C Of The Income Tax Act For The Assessment Years 2012-13 & 2013-14 Respectively. Since The Facts Are Identical, Both The Appeals Are Clubbed, Heard Together & Disposed Off In A Common Order For The Sake Of Convenience & The Facts Are Extracted From I.T.A.No.146/Viz/2021 For The A.Y.2012-13. 2 Ita No.146/Viz/2021 & 147/Viz/2021, A.Y.2012-13 & 2013-14 Lewek Altair Shipping Private Ltd., Kakinada

For Appellant: Shri Jitendra Singh, ARFor Respondent: Shri MN Murthy Naik, CIT(DR)
Section 143(3)Section 92C

M/S Dell International Services India Pvt Ltd, Bangalore vs. Additional Commissioner of Income Tax (Ltu), Bangalore

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

ITA 2835/BANG/2017[2013-14]Status: DisposedITAT Bangalore20 Jan 2023AY 2013-14

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am It(Tp)A No.2835/Bang/2017 : Asst.Year 2013-2014 M/S.Dell International Services The Additional Commissioner India Private Limited Of Income-Tax (Ltu) V. Bangalore. Divyashree Greens, Sy.Nos.12/1, 12/2A & 13/1A,Challaghatta Village,Varthur Hobli Bengaluru – 560 071. Pan : Aaach1925Q. (Appellant) (Respondent) Appellant By : Sri.T.Suryanarayana, Advocate Respondent By : Sri.Praveen Karanth, Cit-Dr Date Of Pronouncement : 20.01.2023 Date Of Hearing : 13.01.2023 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 30.11.2017 Passed U/S 143(3) R.W.S. 144C Of The I.T.Act. The Relevant Assessment Year Is 2013-2014. 2. The Brief Facts Of The Case Are As Follows: The Assessee Is A Company, Engaged In The Business Of Manufacturing & Trading In Computer Systems Including Support & Maintenance Services & Leasing Of Computers. For The Assessment Year 2013-2014, The Return Of Income Was Filed On 30.11.2013 Declaring Total Income Of Rs.22,31,24,760. The Assessment Was Selected For Scrutiny & Notice U/S 143(2) Of The I.T.Act Was Issued On 2 It(Tp)A No.2835/Bang/2017. M/S.Dell International Services India Private Limited. 11.09.2014. During The Course Of Assessment Proceedings, It Was Noticed That The International Transactions Entered By The Assessee With Its Associated Enterprises (Aes) Had Exceeded The Prescribed Limit, Hence, The Matter Was Referred To The Transfer Pricing Officer (Tpo) To Determine The Arm’S Length Price (Alp) Of The Said Transaction. The Tpo Passed Order U/S 92Ca Of The I.T.Act On 19.10.2016. In The Said Order, The Tpo Had Proposed Following Adjustments:-

For Appellant: Sri.T.Suryanarayana, AdvocateFor Respondent: Sri.Praveen Karanth, CIT-DR
Section 143(2)Section 143(3)Section 144CSection 40Section 92CSection 92C(3)

Hewlett Packard (India) Software Operation Private Limited, Bangalore vs. The Deputy Commissioner of Income Tax, Circle-3(1)(1), Bangalore

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

ITTPA 961/BANG/2022[2018-19]Status: DisposedITAT Bangalore18 Jan 2023AY 2018-19

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am It(Tp)A No.961/Bang/2022 : Asst.Year 2018-2019 M/S.Hewlett Packard (India) The Deputy Commissioner Of Software Operation Pvt.Ltd. Income-Tax, Circle 3(1)(1) V. Survey No.192, Whitefield Road Bangalore. Mahadevapura Post Bengaluru – 560 048. Pan : Aaach7164B. (Appellant) (Respondent) Appellant By : Sri.Padam Chand Khincha, Ca Respondent By : Ms.Neera Malhotra, Cit-Dr Date Of Pronouncement : 18.01.2023 Date Of Hearing : 17.01.2023 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 30.07.2022 Passed U/S 143(3) R.W.S. 144C(13) Of The I.T.Act. The Relevant Assessment Year Is 2018-2019. 2. The Brief Facts Of The Case Are As Follows: The Assessee Is A Company Engaged In Providing Software Development Support Service To Its Group Entities. For The Assessment Year 2018-2019, The Return Of Income Was Filed On 30.11.2018 Declaring Total Income At Rs.488,64,37,720. The Assessment Was Selected For Scrutiny & Notice U/S 143(2) Of The I.T.Act Was Issued On 23.09.2019. During The Course Of Scrutiny Assessment, The Case Was Referred To The Transfer

For Appellant: Sri.Padam Chand Khincha, CAFor Respondent: Ms.Neera Malhotra, CIT-DR
Section 143(2)Section 143(3)Section 37Section 37(1)Section 92C