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. Vestas Technology R&D Chennai Pvt. Ltd., Chennai vs. ACIT, Chennai

In the result, appeal filed by the assessee is allowed

ITA 3081/CHNY/2016[2012-13]Status: DisposedITAT Chennai31 Mar 2022AY 2012-13

Bench: Shri C.M. Garg, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.3081/Chny/2016 (िनधा"रण वष" / Assessment Year : 2012-2013) M/S Vestas Technology R&D Vs Acit, Corporate Circle-3(2), Chennai Private Limited, Chennai Block A, 8Th Floor, Tecci Park No.173, Rajiv Gandhi Road, Old Mahabalipuram Road, Shollinganallur, Chennai Pan No. : Aaccv 4768 P (अपीलाथ" /Appellant) (""थ" / Respondent) .. िनधा"रती की ओर से /Assessee By : Darpan Kirpalani, Advocate राज" की ओर से /Revenue By : Dr. S.Palanikumar, Cit सुनवाई की तारीख / Date Of Hearing : 15/02/2022 घोषणा की तारीख/Date Of Pronouncement : 31/03/2022 आदेश / O R D E R Per Arun Khodpia, Am : This Is An Appeal Filed By The Assessee Against The Order Of The Acit, Corporate Circle-3(2), Chennai, Dated 28.09.2016 For The Assessment Year 2012-2013, On The Following Grounds Of Appeal: - 1. Ground No.1 1.1. On The Facts & In The Circumstances Of The Case & In Law, The Learned Assistant Commissioner Of Income Tax, Chennai ("Ld. Ao"), The Ld. Deputy Commissioner Of Income Tax, Chennai ("Ld. Tpo") & The Ld. Dispute Resolution Panel ("Ld. Drp"), Erred In Enhancing The Income Of The Appellant By Inr 79,265,132 On Account Of Interest At The Rate Of 21% On Receivables Purportedly Due To The Appellant From Its Associated Enterprise ("Ae") , Without Granting Working Capital Adjustment. 1.2. In This Regard, The Order Of The Ld. Ao To The Extent Prejudicial To The Appellant Is Bad In Law & Is Liable To Be Quashed.

For Appellant: Darpan Kirpalani, AdvocateFor Respondent: Dr. S.Palanikumar, CIT
Section 92C

DCIT, Coimbatore vs. India Trimming Private Limited, Coimbatore

In the result, the appeal filed by the Revenue is dismissed

ITA 476/CHNY/2016[`2011-12]Status: DisposedITAT Chennai22 Mar 2022

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.476/Chny/2016 िनधा"रण वष"/Assessment Year: 2011-12 The Deputy Commissioner Of Vs. M/S. India Trimmings Private Limited, Income Tax, Corporate Circle 1, 6/636, Pillaiappan Palayam, 63-A, Race Course Road, Coimbatore. Telungupalayam Post, Annur, Coimbatore 641 653. [Pan:Aaaci1639N] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Dr. S. Palani Kumar, Cit ""थ" की ओर से/Respondent By : Shri N. Arjunraj, Ca & Shri S. Sridhar, Advocate सुनवाई की तारीख/ Date Of Hearing : 15.03.2022 घोषणा की तारीख /Date Of Pronouncement : 22.03.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Revenue Is Directed Against The Proceedings Of The Ld. Disputed Resolution Panel-2, Bangalore Dated 24.11.2015 Relevant To The Assessment Year 2011-12. The Revenue Has Raised The Following Grounds: “1. The Directions Of The Hon'Ble Drp Is Against The Facts & Circumstances Of The Case. 2. The Hon'Ble Drp Erred In Allowing The Claim Of The Assessee For Inclusion Of M/S. Ashnoor Textiles Mills Ltd., As A Comparable & Adjustment On Account Of Personnel Cost & Also Holding That There Was No Basis For The Tpo To Reject M/S. Ashnoor Textiles Mills Ltd.

For Appellant: Dr. S. Palani Kumar, CITFor Respondent: Shri N. Arjunraj, CA &
Section 143(1)Section 143(2)Section 92C