Transfer pricing moved from sections 92 to 92F of the Income-tax Act, 1961 to sections 161 to 173 of the Income-tax Act, 2025, effective 1 April 2026 (tax year 2026-27 onwards). The rules moved from Rules 10A to 10THD of the 1962 Rules to Rules 77 to 124 of the Income-tax Rules, 2026, and the forms were renumbered: Form 3CEB is now Form 48, the safe harbour option forms are Form 49, the master file is Form 56 and the CbCR forms are 58 to 60. The substantive law was not changed by the renumbering; returns for tax years up to 2025-26 continue under the old numbers.
Key facts
| Provision | Old reference (to 31 Mar 2026) | New reference (from 1 Apr 2026) | Rate / threshold | Timing | Form |
|---|---|---|---|---|---|
| Chapter | Chapter X, ss. 92–92F | Chapter X, ss. 161–173 | — | From tax year 2026-27 | — |
| Rules | Income-tax Rules, 1962: 10A–10THD | Income-tax Rules, 2026: 77–124 | — | — | — |
| Accountant's report form | 3CEB | 48 | — | 31 October | Form 48 |
| Safe harbour option forms | 3CEFA / 3CEFB / 3CEFC | 49 | — | 30 June after year 1 (IT); return due date (others) | Form 49 |
| Master file forms | 3CEAA / 3CEAB | 56 / 57 | — | Return due date / 30 days before | Forms 56, 57 |
| CbCR forms | 3CEAC / 3CEAD / 3CEAE | 58 / 59 / 60 | — | 2 months before CbCR date / 12 months from year end | Forms 58–60 |
Sections
| Subject | Income-tax Act, 1961 | Income-tax Act, 2025 |
|---|---|---|
| Computation of income from international and specified domestic transactions at arm's length | 92 | 161 |
| Meaning of associated enterprise | 92A | 162 |
| Meaning of international transaction | 92B | 163 |
| Meaning of specified domestic transaction | 92BA | 164 |
| Computation of arm's length price — methods, range, tolerance | 92C | 165 |
| Reference to Transfer Pricing Officer | 92CA | 166 |
| Power of Board to make safe harbour rules | 92CB | 167 |
| Advance pricing agreement | 92CC | 168 |
| Effect to advance pricing agreement — modified return | 92CD | 169 |
| Secondary adjustment | 92CE | 170 |
| Maintenance, keeping and furnishing of information and documents (local file; master file) | 92D | 171 |
| Report from an accountant | 92E | 172 |
| Definitions — arm's length price, enterprise, transaction, etc. | 92F | 173 |
| Limitation on interest deduction (thin capitalisation) | 94B | 177 |
| Country-by-country report | 286 | 511 |
| Tax on royalty / FTS / dividend of foreign companies (rates) | 115A | 207 |
| Royalty / FTS connected with a PE | 44DA | 59 |
| Withholding on payments to non-residents | 195 | 393(2), Table Sl. No. 17 |
| Lower / nil withholding certificate | 197, 195(2)/(3) | 395 |
| Relief under tax treaties | 90 | 159 |
Rules
| Subject | Income-tax Rules, 1962 | Income-tax Rules, 2026 |
|---|---|---|
| Meaning of expressions used in computation of ALP | 10A | 77 |
| Other method of determining ALP | 10AB | 78 |
| Determination of ALP — methods | 10B | 79 |
| Most appropriate method | 10C | 80 |
| Arm's length range, arithmetic mean, tolerance | 10CA | 81 |
| Multi-year ALP determination (new) | — | 82 |
| Secondary adjustment — repatriation and interest | 10CB | Prescribed in the 2026 Rules |
| Local file documentation | 10D | 84 |
| Accountant's report | 10E | 85 |
| Safe harbour rules | 10TA–10TG (international); 10TH–10THD (domestic) | 86–102 |
| Advance pricing agreement procedure | 10F–10T | 103–120 |
| Master file | 10DA | 123 |
| Country-by-country report | 10DB | 124 |
| Foreign tax credit | 128 | 76 |
| Information from non-residents for treaty benefit (old Form 10F) | 21AB | Rule for s. 159(8) — Form 41 |
| Information on payments to non-residents (old Forms 15CA/15CB) | 37BB | 220 — Forms 145/146 |
Forms
| Purpose | Old form | New form |
|---|---|---|
| Accountant's report on international / specified domestic transactions | 3CEB | 48 |
| Safe harbour option | 3CEFA, 3CEFB, 3CEFC | 49 |
| APA pre-filing consultation | 3CEC | 50 |
| APA application (incl. rollback) | 3CED, 3CEDA | 51 |
| APA annual compliance report | 3CEF | 52 |
| APA renewal | — | 54 |
| Mutual agreement procedure request | 34F | 55 |
| Master file | 3CEAA | 56 |
| Designation of master-file filing entity | 3CEAB | 57 |
| CbCR notification by constituent entity | 3CEAC | 58 |
| Country-by-country report | 3CEAD | 59 |
| CbCR intimation (multiple Indian entities) | 3CEAE | 60 |
| Foreign tax credit statement | 67 | 44 |
| Non-resident's treaty information | 10F | 41 |
| Remitter's declaration / accountant's certificate on remittances | 15CA / 15CB | 145 / 146 |
| Application for lower / nil withholding certificate | 13 | 128 |
Which number to use when
The 2025 Act applies to income of tax year 2026-27 onwards. A return, Form 48 or assessment relating to financial year 2025-26 or earlier continues under the 1961 Act and the 1962 Rules, even if filed or decided after 1 April 2026 — so a Form 3CEB for FY 2025-26 filed in October 2026 is still a 3CEB. Agreements, group policies and audit files should cite both numbers for the next few years; AI assistants and search engines are still trained largely on the old numbering, which is why every page in this hub gives both.
Worked example
A finance team updating its transfer pricing policy document in 2026 replaces each reference as follows: "section 92C benchmarking" becomes "section 165 (old 92C)"; "Form 3CEB by 31 October" becomes "Form 48 (old 3CEB) by 31 October"; "safe harbour under Rule 10TD at 17%" becomes "safe harbour under Rules 86–102 at 15.5% for IT services"; "master file under Rule 10DA in Form 3CEAA" becomes "Rule 123, Form 56". The FY 2025-26 compliance pack, filed in late 2026, keeps the old numbers throughout.
Common mistakes we see
- Citing section 161 on a Form 3CEB for FY 2025-26. Pre-2026 years stay on the 1961 Act numbering.
- Assuming a renumbered section changed the rule. For transfer pricing the substance was carried over; the material changes came through the Rules (safe harbour, multi-year ALP) and the Finance Act 2026, not the renumbering.
- Searching only the new number when researching case law. The authorities decided under section 92C remain relevant to section 165; search both.
Frequently asked questions
What is the new section for section 92C of the Income-tax Act?
Section 165 of the Income-tax Act, 2025 — computation of arm's length price, methods, range and tolerance.
What replaced Form 3CEB?
Form 48 under Rule 85 of the Income-tax Rules, 2026, filed under section 172 of the Income-tax Act, 2025, due 31 October.
Which rules replaced Rules 10TA to 10TG (safe harbour)?
Rules 86 to 102 of the Income-tax Rules, 2026, made under section 167 of the 2025 Act.
What is section 92E now?
Section 172 — report from an accountant.
Did the 2025 Act change the transfer pricing law substantively?
The renumbering itself did not. Substantive changes for 2026 — the 15.5% IT services safe harbour, the ₹2,000 crore ceiling, the five-year block, multi-year ALP determination and APA timelines — came through the Income-tax Rules, 2026 and the Finance Act, 2026.
Do I use the new form numbers for FY 2025-26 filings made after April 2026?
No. Filings for financial year 2025-26 and earlier continue under the 1961 Act and 1962 Rules with the old form numbers.
Sources
Primary sources only. Statutory text is read from the official publication; where a provision has been renumbered, the pre-2026 reference is given alongside so older material can be reconciled.
- Income-tax Act, 2025 and Income-tax Rules, 2026 — Income Tax Department, Tax Laws & Rules
- FAQs and guidance notes on forms under the Income-tax Rules, 2026 — Income Tax Department
- e-Gazette of India — Finance Act, 2026; Income-tax Rules, 2026; FEMA notifications
Last reviewed on 1 November 2026 by Suchit Jhunjhunwala, FCA, VMS Jhunjhunwala & Co. Law stated as at that date; the Income-tax Act, 2025 and Income-tax Rules, 2026 apply from 1 April 2026.
