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ITA 1961 → DTC 2025Transfer Pricing

Section 92 Section 180

Computation of income from international transaction having regard to arm's length price

RetainedCritical - Governs all Multi-National Corporations (MNCs) operating in India.

Quick Answer

Section 92 of the Income Tax Act, 1961 (Computation of income from international transaction having regard to arm's length price) corresponds to Section 180 of the Direct Tax Code 2025 (Income-tax Act, 2025), effective 1st April 2026. Status: Retained.

Old Law (ITA 1961)Ch: X

Sec 92

Provision Summary

The charging section for Transfer Pricing. Mandates that any income arising from an international transaction must be computed using Arm's Length Price (ALP).

New Law (DTC 2025)Ch: XII

Sec 180

Provision Summary

Retained verbatim. The cornerstone of anti-profit shifting laws.

Key Changes & Highlights

  • Explicitly states that if ALP calculation reduces the total taxable income in India, the provision will not apply.

Related Sections

Frequently Asked Questions

What does Section 92 of the Income Tax Act 1961 deal with?

Section 92 (Computation of income from international transaction having regard to arm's length price) The charging section for Transfer Pricing. Mandates that any income arising from an international transaction must be computed using Arm's Length Price (ALP).

What is the new section number for Section 92 under the Direct Tax Code 2025?

Section 92 of the ITA 1961 maps to Section 180 of the Direct Tax Code 2025 (Income-tax Act, 2025), effective from 1st April 2026.

What is the status of Section 92 under the new tax code?

Section 92 is marked as "Retained" with status "Active". Impact: Critical - Governs all Multi-National Corporations (MNCs) operating in India.

What are the key changes to Section 92 under DTC 2025?

Explicitly states that if ALP calculation reduces the total taxable income in India, the provision will not apply.

Disclaimer: This page is for educational and reference purposes only. Section mappings are based on publicly available drafts and circulars. Always consult a qualified Chartered Accountant before filing or making compliance decisions under the Direct Tax Code 2025.

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