Income Tax Act, 1961
Section 92D: Maintenance and keeping of information and document by persons entering into an
92D. Maintenance and keeping of information and document by persons entering into an
1[international transaction or specified domestic transaction].—(1) Every person who has entered into
an 1[international transaction or specified domestic transaction] shall keep and maintain such information
and document in respect thereof, as may be prescribed.
2[Provided thatthe person, being a constituent entity of an international group, shall also keep and
maintain such information and document in respect of an international group as may be prescribed.
Explanation.—For the purposes of this section,—
(A) “constituent entity” shall have the meaning assigned to it in clause (d) of sub-section (9)
of section 286;
(B) “international group” shall have the meaning assigned to it in clause (g) of sub-section (9)
of section 286.]
(2) Without prejudice to the provisions contained in sub-section (1), the Board may prescribe the
period for which the information and document shall be kept and maintained under that sub-section.
(3) The Assessing Officer or the Commissioner (Appeals) may, in the course of any proceeding under
this Act, require any person who has entered into an 1[international transaction or specified domestic
transaction] to furnish any information or document in respect thereof, as may be prescribed under subsection (1), within a period of thirty days from the date of receipt of a notice issued in this regard:
Provided that the Assessing Officer or the Commissioner (Appeals) may, on an application made by
such person, extend the period of thirty days by a further period not exceeding thirty days.
2[(4) Withoutprejudice to the provisions of sub-section (3), the person referred to in the proviso to
sub-section (1) shall furnish the information and document referred to in the said proviso to the authority
prescribed under sub-section (1) of section 286, in such manner, on or before the date, as may be
prescribed.]
92E.Report from an accountant to be furnished by persons entering into 1[international
transaction or specified domestic transaction].—Every person who has entered into
an1[internationaltransaction or specified domestic transaction] during a previous year shall obtain a report
from an accountant and furnish such report on or before the specified date in the prescribed form duly
signed and verified in the prescribed manner by such accountant and setting forth such particulars as may
be prescribed.
92F.Definitions of certain terms relevant to computation of arm’s length price, etc.—In section
92, 92A, 92B, 92C, 92D and 92E, unless the context otherwise requires,—
(i) “accountant” shall have the same meaning as in the Explanation below sub-section (2) of
section 288;
(ii) “arm’s length price” means a price which is applied or proposed to be applied in a transaction
between persons other than associated enterprises, in uncontrolled conditions;
(iii) “enterprise” means a person (including a permanent establishment of such person) who is, or
has been, or is proposed to be, engaged in any activity, relating to the production, storage, supply,
distribution, acquisition or control of articles or goods, or know-how, patents, copyrights, trademarks, licences, franchises or any other business or commercial rights of similar nature, or any data,
documentation, drawing or specification relating to any patent, invention, model, design, secret
formula or process, of which the other enterprise is the owner or in respect of which the other
Every person who has entered into
an 1[international transaction or specified domestic transaction] shall keep and maintain such information
and document in respect thereof, as may be prescribed.
2[Provided thatthe person, being a constituent entity of an international group, shall also keep and
maintain such information and document in respect of an international group as may be prescribed.
Explanation.—For the purposes of this section,—
“constituent entity” shall have the meaning assigned to it in clause
of sub-section
of section 286;
“international group” shall have the meaning assigned to it in clause
of sub-section
of section 286.]
Without prejudice to the provisions contained in sub-section
The Assessing Officer or the Commissioner
may, in the course of any proceeding under
this Act, require any person who has entered into an 1[international transaction or specified domestic
transaction] to furnish any information or document in respect thereof, as may be prescribed under subsection
may, on an application made by
such person, extend the period of thirty days by a further period not exceeding thirty days.
2[
Withoutprejudice to the provisions of sub-section
shall furnish the information and document referred to in the said proviso to the authority
prescribed under sub-section
of section 286, in such manner, on or before the date, as may be
prescribed.]
92E.Report from an accountant to be furnished by persons entering into 1[international
transaction or specified domestic transaction].—Every person who has entered into
an1[internationaltransaction or specified domestic transaction] during a previous year shall obtain a report
from an accountant and furnish such report on or before the specified date in the prescribed form duly
signed and verified in the prescribed manner by such accountant and setting forth such particulars as may
be prescribed.
92F.Definitions of certain terms relevant to computation of arm’s length price, etc.—In section
92, 92A, 92B, 92C, 92D and 92E, unless the context otherwise requires,—
“accountant” shall have the same meaning as in the Explanation below sub-section
of
section 288;
“arm’s length price” means a price which is applied or proposed to be applied in a transaction
between persons other than associated enterprises, in uncontrolled conditions;
“enterprise” means a person (including a permanent establishment of such person) who is, or
has been, or is proposed to be, engaged in any activity, relating to the production, storage, supply,
distribution, acquisition or control of articles or goods, or know-how, patents, copyrights, trademarks, licences, franchises or any other business or commercial rights of similar nature, or any data,
documentation, drawing or specification relating to any patent, invention, model, design, secret
formula or process, of which the other enterprise is the owner or in respect of which the other