Section 92D of the Income Tax Act

Income-tax Act, 2025: s.171

Section 92D of the Income-tax Act, 1961 corresponds to section 171 (Maintenance, keeping and furnishing of information and document by certain persons) of the Income-tax Act, 2025.

Read section 171 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 92D is CIT v. Shatrunjay Diamonds (261 ITR 258), cited in 50 of the 485 judgments on BharatTax that turn on this section.

Leading authorities on Section 92D

CIT v. Shatrunjay Diamonds
261 ITR 258 · 2003 · High Court
50
citing judgments

The assessee bears the initial burden to maintain and produce authentic documentation under Section 92D and Rule 10D to justify transactions with related parties, especially concerning the arm's length price for such transactions under Section 40A(2)(b). The discharge of this statutory obligation to maintain accurate data is a mandatory requirement of law.

Instrumentation Corpn. Ltd. v. Asstt. DIT (IT)
71 Taxmann.com 193 · 2016 · ITAT
37
citing judgments

Outstanding invoices with a foreign associated enterprise are considered international transactions under Explanation to section 92B, and transfer pricing provisions apply as anti-abuse measures, overriding general provisions. Notional interest income can be brought to tax based on the arm's length principle, even if it involves assumptions.

CIT v. M/s. Leroy Somer & Controls (India) Pvt. Ltd.
360 ITR 532 · 2013 · High Court
33
citing judgments

Penalty under Section 271G cannot be imposed for mere technical lapses or non-compliance with transfer pricing documentation requirements if substantial compliance is demonstrated and the Assessing Officer (AO) or Transfer Pricing Officer (TPO) did not issue a specific requisition for particulars under Section 92D(3).

Orange Business Services India Solutions (P.) Ltd. v. Dy. CIT
91 Taxmann.com 286 · 2018 · High Court
26
citing judgments

A company is considered a comparable in transfer pricing analysis unless it is shown to be functionally incomparable.

16. In Nokia India (P) Ltd. v. Dy. CIT
153 ITD 508 · 2015 · High Court
21
citing judgments

Incurring high advertisement and marketing expenses does not preclude the use of the Resale Price Method (RPM) for determining the Arm's Length Price (ALP) under transfer pricing provisions. The ratio of related party transactions (RPTs) calculation requires careful consideration of the numerator and denominator to accurately reflect transactions with associated enterprises.

Cisco Systems (India) (P) Ltd. v. Dy. CIT
50 Taxmann.com 280 · 2014 · ITAT
20
citing judgments

Companies engaged in different activities, such as skill development, tourism research, and environment, are considered functionally different and not comparable to the assessee. Headcount is an appropriate allocation key for common indirect expenses within various business segments.

DCIT v. Bebo Technologies Pvt. Ltd.
40 Taxmann.com 168 · 2014 · Reported
16
citing judgments

A penalty under section 271AA of the Income Tax Act is not leviable if the international transaction entered into by the assessee with its associate concern has been held to be at arm's length, especially when transfer pricing documentation was accepted for prior assessment years.

ACIT v. Smith & Newphew Healthcare P. Ltd.
16 Taxmann.com 5 · 2011 · Reported
15
citing judgments
ACIT v. Global One India P. Ltd.
19 Taxmann.com 249 · 2012 · High Court
15
citing judgments

The requirement to furnish prescribed information under Section 92D(3) of the Income-tax Act arises only when the assessee fails to support its Arm's Length Price (ALP) with necessary evidence. There is no justification in demanding information first and then offering an opportunity to the assessee.

Agricultural Produce Market Committee v. CIT
301 ITR 1 · 2008 · ITAT
15
citing judgments

The definition of 'charitable purpose' under Section 2(15) includes advancement of any object of general public utility, and the scope of 'public utility' depends on the context of each situation.

Judgments on Section 92D

Airlinq Technology Private Limited (Formerly Known As Globetouch Technologies Private Limited), Bengaluru vs. The Deputy Commissioner of Income Tax, Circle-3(1)(1), Bangalore

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

ITA 231/BANG/2021[2016-17]Status: DisposedITAT Bangalore28 Jul 2022AY 2016-17

Bench: Shri George George K, Jm & Shri Laxmi Prasad Sahu, Am It(Tp)A No.231/Bang/2021 : Asst.Year 2016-2017 M/S.Airlinq Technology Pvt. Ltd. The Deputy Commissioner Of (Formerly Known As Globe Touch Income-Tax, Circle 3(1)(1) V. Bangalore. Technologies Private Limited) 306, 100 Feet Road, Binna Mangala Stage – 1, Indiranagar Bangalore – 560 038. Pan : Aafcg7626L. (Appellant) (Respondent) Appellant By : S/Sri.Ajit Kumar Jain & Siddesh Chaugule, Cas Respondent By : Dr.Manjunath Karkihalli, Cit-Dr Date Of Pronouncement : 28.07.2022 Date Of Hearing : 21.07.2022 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 29.03.2021 Passed U/S 143(3) R.W.S. 144C(13) Of The I.T.Act. The Relevant Assessment Year Is 2016-2017. 3. The Brief Facts Of The Case Are As Follows: The Assessee Was Incorporated On 15.10.2014 As A Wholly Owned Subsidiary Of Globetouch Inc, Usa. The Assessee Is Engaged In The Business Of Rendering Software Development Services (Swd) To Globetouch Inc. For The Assessment Year 2016-2017, The Return Of Income Was Filed Declaring An Income Of Rs.4,23,01,510 Under The Normal Provisions Of The Income-Tax Act. The Assessment Was Selected

For Appellant: S/Sri.Ajit Kumar Jain & Siddesh Chaugule, CAsFor Respondent: Dr.Manjunath Karkihalli, CIT-DR
Section 143(2)Section 143(3)Section 92CSection 92D