Transfer Pricing Provisions –Detailed Comparative Analysis: Income-tax Act, 1961 vs Income-tax Act, 2025, Sections, Rules & Forms
The Income-tax Act, 2025 (ITA 2025) consolidates India’s tax legislation and, in doing so, renumbers all transfer pricing provisions. The substantive framework, the arm’s length principle, associated enterprise definitions, transfer pricing methods, documentation obligations, and the accountant’s report, remains largely intact. What has changed comprehensively are the section numbers, rule numbers, and form numbers. The sections that follow map each key transfer pricing provision from the Income-tax Act, 1961 and the Income-tax Rules, 1962 to its corresponding provision under ITA 2025, serving as a ready reference for practitioners navigating the transition.
Key Observations
A. Sections — Renumbering Pattern
| Provision | ITA 1961 | ITA 2025 equivalent |
| Core TP computation | Sections 92 – 92F | Sections 161 – 173, Section 2 |
| Documentation & CbCR | Sections 92D, 286 | Sections 171, 511 |
| Accountant’s report | Section 92E / Rule 10E / Form 3CEB | Section 172 / Rule 85 / Form 48 |
| Safe harbor | Section 92CB / Rules 10TA–10TIC | Section 167 / Rule 86-102 |
| Advance Pricing Agreement | Section 92CC / Rules 10F–10T | Section 168 / Rules 103-120 |
| Secondary adjustment | Section 92CE / Rule 10CB | Section 170 / Rule 118 |
| Thin capitalisation | Section 94B | Section 177, Section 162, Section 2 |
| SDT provisions | Sections 92BA, | Sections 164 |
| Penalties | Sections 270A, 271AA, 271BA, 271GB | Sections 439, 442, 447, 459 |
| Dispute resolution / DRP / HC/SC | Sections 144C, 246/246A, 252/253, 260A, 261 | Sections 275/532, 356/357, 361/362/532, 365, 367 |
B. Rules — Renumbering Pattern
The Income-tax Rules, 1962, are being replaced by the Income-tax Rules under ITA 2025. The principal renumbering of transfer pricing rules is as follows:
| IT Rules 1962 | IT Rules 2025 (equivalent) | Subject matter |
| 10A | 77 | Meaning of expressions used in computation of arm’s length price |
| 10B | 79 | Transfer pricing methods — CUP, RPM, CPM, PSM, TNMM, OM |
| 10C | 80 | Most Appropriate Method selection criteria |
| 10CA | 81 | Arithmetic mean, arm’s length range, tolerance band |
| 10D | 84 | Maintenance of prescribed documents — Local File |
| 10DA | 123 | Maintenance of prescribed documents — Master File |
| 10DB | 124 | Country-by-Country Report — filing and compliance |
| 10E / Form 3CEB | 85 / Form 48 | Accountant’s report under TP provisions |
| 10F–10T | 103-120 | Advance Pricing Agreement procedure, APA rollback provisions etc |
| 10TA–10TIC | 86-102 | Safe harbour rules — eligibility, declaration, validity |
| 10AB | 78 | Other method (6th method) |
| 10CB | 83 | Secondary adjustment — repatriation and imputed interest |
| – | 82 | Exercise of option for determination of arm’s length price for multiple years in a single proceeding |
| – | 91 | Procedure relating to transactions of provision of information technology services |
C. Forms — Renumbering Pattern
| Form No. (IT Rules 2026) | Form No. (IT Rules 1962) | Description |
| 48 | 3CEB | Report from an accountant to be furnished under section 172 relating to international transaction(s) and/or specified domestic transaction(s) |
| 49 | 3CEFA, 3CEFB & 3CEFC | Application for opting for Safe Harbour |
| 50 | 3CEC | Application for a pre-filing consultation |
| 51 | 3CED & 3CEDA | Application for an Advance Pricing Agreement (APA) |
| 52 | 3CEF | Annual Compliance Report on Advance Pricing Agreement |
| 53 | 3CEEA | Form for filing particulars of past years for calculating relief in tax payable under section 206(1) |
| 54 | New Form | Application for Renewal of an Advance Pricing Agreement (APA) |
| 55 | 34F | Form of application for an assessee, resident in India, seeking to invoke mutual agreement procedure provided for in agreements with other countries or specified territories |
| 56 | 3CEAA | Information and document to be furnished by the person who is a constituent entity under section 171(4) |
| 57 | 3CEAB | Intimation by a designated constituent entity, resident in India, of an international group, for the purposes of section 171(4) |
| 58 | 3CEAC | Intimation by a constituent entity, resident in India, of an international group, the parent entity of which is not resident in India, for the purposes of section 511(1) |
| 59 | 3CEAD | Report by a parent entity or an alternate reporting entity or any other constituent entity, resident in India, for the purposes of section 511(2) or section 511(4) |
| 60 | 3CEAE | Intimation on behalf of the international group for the purposes of section 511(5) |
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Disclaimer: This document is intended as a professional reference guide and has been prepared on the basis of the Income-tax Act, 1961, Income-tax Act, 2025, and associated rules and forms available at the time of preparation. Section and rule numbers in the Income-tax Act, 2025 and the new Income-tax Rules may be subject to further amendment, notification, or clarification by the Central Board of Direct Taxes. This document does not constitute legal or tax advice. Readers are advised to verify the current statutory position and obtain independent professional advice before relying on any provision referred to herein.
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