Friday , September 18, 2026 |   06:33:53 IST
INTL TAXATION INTL MISC TP FDI LIBRARY VISA BIPA NRI
About Us Contact Us Newsletters
 
NEWS FLASH
 
I-T - Mere fact that Indian resident is payer of cross-border payment does not, by itself, constitute income ‘accruing or arising' in India within meaning of Sec 5(2)(b): HC (See Breaking News) TP - An isolated expenditure item cannot be carved out when underlying technology & intellectual property agreements are well-established & compliant with RBI press note rates: ITAT (See Breaking News) I-T - Consideration received for repair services is not FTS, where parts are sent abroad & returned after completion, without transfer of technical knowledge, skill or know-how enabling performance of such activities independently: ITAT (See Breaking News) I-T - Provisions of Rule 128 & requirement to file Form 67 were introduced prospectively from 01.04.2017; cannot be applied with retrospective effect: ITAT (See Breaking News) I-T - No additions can be sustained merely based on loose sheets, diary entries or oral statements of third party, unless corroborated with unaccounted transactions: ITAT (See Breaking News) GDP further shrinks in G20 economies in Q2 (See TII BRIEF) Live cricket broadcast - is It taxable as 'royalty'? (See TII SPECIAL) I-T - Issuing a notice u/s 148 to a non-existent, amalgamated entity is void ab initio and a nullity in the eyes of law: ITAT (See Breaking News) I-T - Detailed ratio payments for shared network services involving brand strategy do not constitute royalty if such services represent distribution of copyrighted articles without transfer of proprietary interest: ITAT (See Breaking News) TP - If TPO rejected entity on ground of persistent losses but assessee furnished evidence to demonstrate that company has made profit in subsequent year, such entity is to be included in list of comparable: ITAT (See Breaking News) TP - Commercial expediency & reasonableness of remuneration be judged from perspective of a businessman; AO cannot apply subjective standard or make presumptions: ITAT (See Breaking News) TP - Omission by AO to make formal reference to TPO is a procedural irregularity & not a incurable illegality; does not warrant outright quashing of assessment order: ITAT (See Breaking News) I-T - Broadcasting is neither ‘scientific work' nor does any copyright subsist in such rights, and fee received towards live broadcasting rights cannot be classified as royalty: ITAT (See Breaking News)
 
TII SEARCH
 
 
   
Home >>
 

Amendment in Rule 10CB of Income-tax Rules, 1962 in respect of computation of interest income pursuant to secondary adjustment made under section 92CE of Income-tax Act, 1961
By TII News Service
Jun 20, 2018 , New Delhi

    

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
CENTRAL BOARD OF DIRECT TAXES
NEW DELHI

Dated: June 19, 2018

Subject: Amendment in Rule 10CB of Income-tax Rules, 1962 in respect of computation of interest income pursuant to secondary adjustment made under section 92CE of Income-tax Act, 1961 – Comments and suggestions - reg.

In order to make the actual allocation of funds consistent with that of the primary adjustment, section 92CE was inserted in the Income-tax Act, 1961 (‘the Act’) vide Finance Act, 2017 with effect from 1st April, 2018 to provide for secondary adjustment by attributing income to the excess money lying in the hands of the associated enterprise (AE).

2. Sub-section (2) of section 92CE empowers the Central Board of Direct Taxes (CBDT) to prescribe the time within which the excess money, which is available with the associated enterprise of an assessee as a result of primary adjustment to the transfer price which leads to an increase in the total income or reduction in the loss of the assessee, shall be repatriated to India.

2.1 Accordingly, rule 10CB of the Income-tax Rules, 1962 (‘the Rules’) was inserted vide Notification No. GSR 590(E) dated 15th June, 2017.

2.2 Under sub-rule (1) of the said rule 10CB, a uniform time limit of 90 days, starting from different dates, is prescribed for repatriation of excess money. This is done in order to provide for uniform treatment in respect of the different types/situations of primary adjustments specified under sub-section (1) of section 92CE.

2.3 Certain difficulties have been noted in the implementing the provisions of sub-rule (1) of rule 10CB in respect of primary adjustment that arises on account of agreement for advance pricing (APA) entered into by the assessee, or on account of an agreement reached under the mutual agreement procedure (MAP). In order to remove these difficulties, it is proposed to amend rule 10CB.

3. Accordingly, a draft notification has been prepared in this regard and is as under:

“In exercise of powers conferred by sub-section (2) to section 92CE and section 295 of the Income Tax Act, 1961 (43 of 1961) (hereinafter referred to as 'the Act'), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962 (hereinafter referred to as “the Principal Rules”), namely:-

1. (1) These rules may be called the Income-tax (… Amendment) Rules, 2018.

(2) They shall come into force on the date of their publication in the official Gazette.

2. In the Principal Rules, in rule 10CB, in sub-rule (1),-

(A) for clause (iii), the following shall be substituted, namely:-

“(iii) from the date on which the advance pricing agreement has been entered into by the assessee under section 92CC, where the primary adjustment to transfer price is determined by such agreement;”

(B) for clause (v), the following shall be substituted, namely:-

“(v) from the date of giving effect by the Assessing Officer under Rule 44H to the resolution arrived at under mutual agreement procedure, where the primary adjustment to transfer price is determined by such resolution, under a Double Taxation Avoidance Agreement entered into under section 90 or 90A.”

4. Comments and suggestions of stakeholders and the general public on the above draft notification are invited. Comments and suggestions may be sent electronically by 9th July 2018 at the email address ustpl3@nic.in.

F. No. 370142/12/2017-TPL

(Sanyam Suresh Joshi)
DCIT(OSD)(TPL)-III

 
 
INTL TAXATION INTL MISC TP FDI LIBRARY VISA BIPA NRI TII
  • DTAA
  • Circulars (I-T Act, 1922)
  • Limited Treaties
  • Other Treaties
  • TIEAs
  • Notifications
  • Circulars
  • Relevant Sections of I-T Rules,1962
  • Instructions
  • Administrative Orders
  • DRP Panel
  • I-T Act, 1961
  • MLI
  • Relevant Portion of I-T Act,1922
  • GAAR
  • MAP
  • OECD Conventions
  • Draft Guidelines
  • DTC Bill
  • Committee Reports
  • FATCA
  • Intl-Taxation
  • Finance Acts
  • Manual on EoI
  • UN Model Taxation
  • Miscellaneous
  • Cost Inflation Index
  • Union Budget
  • Information Security Guidelines
  • APA Annual Report
  • APA Rules
  • Miscellaneous
  • Relevant Sections of Act
  • Instructions
  • Circulars
  • Notifications
  • Draft Notifications
  • Forms
  • TP Rules
  • APA FAQ
  • UN Manual on TP
  • Safe Harbour Rules
  • US Transfer Pricing
  • FEMA Act
  • Exchange Manual
  • Fema Notifications
  • Master Circulars
  • Press Notes
  • Rules
  • FDI Circulars
  • RBI Circulars
  • Reports
  • FDI Approved
  • RBI Other Notifications
  • FIPB Review
  • FEO Act
  • INTELLECTUAL PROPERTY
  • CBR Act
  • NBFC Report
  • Black Money Act
  • PMLA Instruction
  • PMLA Bill
  • FM Budget Speeches
  • Multimodal Transportation
  • Vienna Convention
  • EXIM Bank LoC
  • Manufacturing Policy
  • FTDR Act, 1992
  • White Paper on Black Money
  • Posting Policy
  • PMLA Cases
  • Transfer of Property
  • MCA Circular
  • Limitation Act
  • Type of Visa
  • SSAs
  • EPFO
  • Acts
  • FAQs
  • Rules
  • Guidelines
  • Tourist Visa
  • Notifications
  • Arbitration
  • Model Text
  • Agreements
  • Relevant Portion of I-T Act
  • I-T Rules, 1962
  • Circulars
  • MISC
  • Notification
  • About Us
  • Contact Us
  •  
     
    A Taxindiaonline Website. Copyright © 2010-2025 | Privacy Policy | Taxindiainternational.com Pvt. Ltd. OPC All rights reserved.