IT Act 92CChapter X · Special Provisions Relating To Avoidance Of Tax

Section 92C · Computation of arm's length price

(1)

The arm's length price in relation to an international transaction shall be determined by any of the following methods, being the most appropriate method, having regard to the nature of transaction or class of transaction or class of associated persons or functions performed by such persons or such other relevant factors as the Board may prescribe, namely:-

(a)

comparable uncontrolled price method;

(b)

resale price method;

(c)

cost plus method;

(d)

profit split method;

(e)

transactional net margin method;

(f)

such other method as may be prescribed by the Board.

(2)

The most appropriate method referred to in sub-section (1) shall be applied, for determination of arm's length price, in the manner as may be prescribed:[Provided that where more than one price is determined by the most appropriate method, the arm's length price shall be taken to be the arithmetical mean of such prices:Provided further that if the variation between the arm's length price so determined and price at which the international transaction has actually been undertaken does not exceed five per cent. of the latter, the price at which the international transaction has actually been undertaken shall be deemed to be the arm's length price.] [ Substituted by Act 33 of 2009, Section 41, for proviso (w.e.f. 1.10.2009).]

(3)

Where during the course of any proceeding for the assessment of income, the Assessing Officer is, on the basis of material or information or document in his possession, of the opinion that-

(a)

the price charged or paid in an international transaction has not been determined in accordance with sub-sections (1) and (2); or

(b)

any information and document relating to an international transaction have not been kept and maintained by the assessee in accordance with the provisions contained in sub-section (1) of section 92-D and the rules made in this behalf; or

(c)

the information or data used in computation of the arm's length price is not reliable or correct; or

(d)

the assessee has failed to furnish, within the specified time, any information or document which he has required to furnish by a notice issued under sub-section (3) of section 92-D, the Assessing Officer may proceed to determine the arm's length price in relation to the said international transaction in accordance with sub-sections (1) and (2), on the basis of such material or information or document available with him:

Provided that an opportunity shall be given by the Assessing Officer by serving a notice calling upon the assessee to show cause, on a date and time to be specified in the notice, why the arm's length price should not be so determined on the basis of material or information or document in the possession of the Assessing Officer.

(4)

Where an arm's length price is determined by the Assessing Officer under sub-section (3), the Assessing Officer may compute the total income of the assessee having regard to the arm's length price so determined:Provided that no deduction under [section 10-A or section 10-AA or section 10-B] [ Substituted by Act 21 of 2006, Section 21, for " section 10-A or section 10-B" (w.e.f. 1.4.2007).] or under Chapter VI-A shall be allowed in respect of the amount of income by which the total income of the assessee is enhanced after computation of income under this sub-section:Provided further that where the total income of an associated enterprise is computed under this sub-section on determination of the arm's length price paid to another associated enterprise from which tax has been deducted [or was deductible] [ Inserted by Act 20 of 2002, Section 41 (w.e.f. 1.4.2002).] under the provisions of Chapter XVII-B, the income of the other associated enterprise shall not be recomputed by reason of such determination of arm's length price in the case of the first mentioned enterprise.

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