Secondary Adjustment 92CE added in IT Act - Game On



Finance Act, 2017 inserted Section 92CE in the Income-tax Act, 1961 to provide for Secondary Adjustment mechanism in the Transfer Pricing. As a result of Primary Adjustment, if there is an upward adjustment, such disallowance shall be construed as an Advance or Loan to AE and accordingly a Secondary Adjustment is proposed on the same.

CBDT now has notified new Rule 10CB which prescribes computation of Interest income pursuant to the Secondary Adjustment and the Time Limit for repatriation of so deemed Advance or Loan.

Rules of the Game - Rule 10CB

Time limit for Repatriation:

The time limit for repatriation of the excess money shall be 90 days. Such time limit shall be counted from;

  1. Due date of filing of RoI u/s 139(1) - If primary adjustment has been made suo-moto by assessee
  2. Date of order of AO or Appellate Authority - If the primary adjustment determined in the Order and the same has been accepted by Assessee
  3. Due date of filing of RoI u/s 139(1) - If assessee had entered into Advance Pricing Agreement (APA) u/s 92CD
  4. Due date of filing of RoI u/s 139(1) - If Assessee opted for Safe Harbor rules provisions u/s 92CB
  5. Due date of filing of RoI u/s 139(1) - An agreement entered into under Mutual Agreement Procedure (MAP) under DTAA

Rate of Interest on Non-compliance:

If the repatriation is not made as per the time limit mentioned as above, imputed per-annum Interest shall be computed as;

  • One-year Marginal Cost of fund lending rate of SBI as on 1st of April of previous year plus 325 bps (basis points) - In case of International transaction denominated in INR
  • Six Month LIBOR as on 30th September of previous year plus 300 bps - In case of International transaction denominated in Foreign Currency

#IT-Notification GSR 590(E) 52/201


9561 Views 1 Likes Comment   Share Income Tax   Report


About the Author

Manager - Taxation

A Chartered Accountant with 6+ years of Post Qualification, having notable experiances in the ares of Finance, Accounts, Taxation. Specialised in Direct Tax, Indirect Tax and International Tax / Transfer Pricing. Presently, Leading the Tax Team in a Company in Bangalore. Knowledge Works... else make it Work..!

Comments :

Related Articles


Loading


Popular Articles





CCI Pro

CCI Articles

submit article


Company
15 October 2026
Senior Accountant

Continental Belting Pvt Ltd

Mumbai

B.Com

View Details
Company
ARTICLESHIP 20 October 2026
CA ARTICLE

AMKN & CO

Noida

CA Inter

View Details
Company
08 October 2026
Account Executive

Elite Taxation

New Delhi

CA Foundation

View Details
Company
10 October 2026
Accounts Associate Level 1

Abic and Mani Chartered Accountants

Kottayam

B.Com

View Details
Company
12 October 2026
AUDIT , ACCOUNTS AND TAXATION

KDSS

New Delhi

B.Com

View Details
Company
ARTICLESHIP 22 October 2026
Articleship intern

Srinath Manikanta

Hyderabad

CA Inter

View Details
Company
ARTICLESHIP 08 October 2026
ARTICLE TRAINEE

S.B.G. & CO. CHARTERED ACCOUNTANTS

New Delhi

CA Inter

View Details
Company
07 October 2026
Senior Account Manager

Amplio Invest

Mumbai

M.Com

View Details