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Comply & operate · Transfer pricing

Transfer Pricing in India for Foreign-Owned Subsidiaries

Every rupee that moves between an Indian subsidiary and its foreign group must be priced at arm's length, documented and certified each year. Here is what that means under the Income-tax Act, 2025, and how to keep it clean from the first invoice.

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In short: An Indian subsidiary's transactions with its foreign parent and group companies must be at arm's length under sections 161 to 173 of the Income-tax Act, 2025 (formerly sections 92 to 92F of the Income-tax Act, 1961). The subsidiary benchmarks each transaction, keeps transfer pricing documentation, and has a chartered accountant certify the accountant's report in Form 48 (formerly Form 3CEB), normally by 31 October. For the financial year 2025-26 the report is still Form 3CEB under the 1961 Act.

Regi Tom Antony's view

Set the intra-group pricing model before the first invoice, not at year-end. What the Indian company charges the parent, what it pays for, and the margin it earns should be in a written agreement from day one. The transfer pricing report then documents a policy rather than defends a guess.
— CA Regi Tom Antony, FCA, Managing Partner, Regi Tom Antony & Associates (est. 1997). Former Group CFO/COO for OSRAM/Siemens, Westcon and Comstor regional operations, where he set up and ran subsidiaries.

What is transfer pricing, and why does it apply to your Indian subsidiary?

Transfer pricing is the pricing of transactions between related companies in a group. Because a parent can shift profit by pricing intra-group services, goods or loans high or low, India requires these transactions to be priced as if the parties were independent, at an arm's length price. The rules apply to international transactions between associated enterprises, which covers every Indian subsidiary or joint venture dealing with its foreign parent or sister companies.

From 1 April 2026 the rules sit in sections 161 to 173 of the Income-tax Act, 2025, which replaced sections 92 to 92F of the 1961 Act. International transactions are defined in section 163 (formerly section 92B), the methods are in section 165 (formerly section 92C), and the accountant's report is required by section 172 (formerly section 92E). The concepts are the same; the section and form numbers have changed.

Which intra-group transactions are covered?

TransactionTypical exampleWhat to get right
Services to the parentSoftware development, IT or back-office support, R&DA cost-plus margin consistent with comparables; agreed cost base
Charges from the parentManagement fees, shared services, licencesEvidence the service was received and benefited the Indian entity
Royalties and technical feesUse of brand, technology or know-howRate support, and withholding tax on the remittance
GoodsImport of finished goods or components from group companiesMargins in line with independent distributors or manufacturers
FinanceIntra-group loans, guarantees, cash poolingInterest and fee at arm's length; FEMA rules for external borrowing
ReimbursementsExpatriate costs, travel, software subscriptionsDocumentary support and consistent treatment

How is the arm's length price determined?

Section 165 (formerly section 92C) sets out the methods: the comparable uncontrolled price method, resale price method, cost plus method, profit split method, transactional net margin method and other prescribed methods. For a captive service centre or a low-risk distributor, the transactional net margin method is the most common, comparing the Indian entity's operating margin with a set of comparable independent companies.

The choice of method follows a functional analysis: what the Indian entity does, which assets it uses, and which risks it bears. A subsidiary that develops software under the parent's direction and bears little market risk earns a routine cost-plus return; an entity that owns intangibles or takes market risk is benchmarked differently. Getting the characterisation right at the start matters more than the arithmetic later.

How do you manage transfer pricing through the year?

  1. 1

    Map the intra-group transactions

    List every transaction with the parent and group companies: services, charges, royalties, goods, loans, guarantees and reimbursements.

  2. 2

    Analyse functions, assets and risks

    Document what the Indian entity does, the assets it uses and the risks it bears, which decide how it should be remunerated.

  3. 3

    Choose the method and benchmark

    Select the most appropriate method under section 165 (formerly section 92C) and benchmark against comparable independent companies or transactions.

  4. 4

    Price and invoice through the year

    Set intercompany agreements and pricing in advance and true up before year-end so the books reflect an arm's length result.

  5. 5

    Document and certify

    Maintain the transfer pricing documentation and have a chartered accountant certify the accountant's report (Form 48, formerly Form 3CEB) before the due date.

What is Form 48, and when is it due?

Form 48 is the accountant's report on international transactions and specified domestic transactions under section 172 of the Income-tax Act, 2025 (formerly section 92E). It replaces Form 3CEB from tax year 2026-27 and must be certified by a chartered accountant. The report is due one month before the due date of the income tax return; for a company that must file it, that is normally 31 October, subject to any extension.

For the financial year 2025-26, the last year assessed under the 1961 Act, the report is still Form 3CEB. Groups above the prescribed thresholds also have master file and country-by-country reporting obligations, which are coordinated with the parent's global filings.

What are the risks of getting it wrong?

If the price is not at arm's length, the assessing officer or transfer pricing officer can adjust the Indian entity's income upward, with tax and interest on the adjustment. Penalties can apply for failing to maintain or furnish documentation, for not obtaining the accountant's report, and for under-reporting income. A secondary adjustment may also apply where the excess money is not brought back to India. Disputes take years to resolve, so prevention is far cheaper than defence.

Transfer pricing also interacts with other filings: withholding tax on royalties and fees, the FLA return, the FC-GPR filings on share capital, and profit repatriation by dividend or buyback. See withholding tax on foreign remittances and the annual compliance calendar.

Frequently asked questions

Does transfer pricing apply to an Indian subsidiary of a foreign company?
Yes. Transactions between an Indian subsidiary and its foreign parent or other group companies are international transactions with associated enterprises. They must be priced at arm's length under sections 161 to 173 of the Income-tax Act, 2025 (formerly sections 92 to 92F of the Income-tax Act, 1961), documented, and certified by a chartered accountant in Form 48 (formerly Form 3CEB).
What is Form 48?
Form 48 is the accountant's report on international transactions and specified domestic transactions under section 172 of the Income-tax Act, 2025 (formerly section 92E). It replaces Form 3CEB from tax year 2026-27. For the financial year 2025-26, which is still assessed under the 1961 Act, the report remains Form 3CEB.
When is the transfer pricing report due?
The accountant's report is due one month before the due date of the income tax return; for companies required to file it, that is normally 31 October, subject to any extension. Prepare the benchmarking study and documentation before the report is signed.
What intra-group transactions need transfer pricing?
Typically services provided to the parent (software development, back-office or support services), management and cross-charges, royalties and technical fees, purchase or sale of goods, reimbursements, interest on intra-group loans and guarantees. Each needs an arm's length price and supporting documentation.
Which method is used to benchmark a captive service subsidiary?
Captive service centres are commonly benchmarked using the transactional net margin method, comparing the subsidiary's margin on cost with comparable independent companies. The methods are set out in section 165 (formerly section 92C). The right method depends on the functions, assets and risks of each transaction.
What happens if transfer pricing documentation is not maintained?
The Income Tax Department can adjust the income to an arm's length price, levy tax and interest on the adjustment, and impose penalties for failing to maintain or furnish documentation and for under-reporting income. A secondary adjustment may also apply if the excess money is not brought back to India.

Sources: Income-tax Act, 2025, sections 161 to 173 (formerly sections 92 to 92F, Income-tax Act, 1961); Income-tax Rules, 2026, Form 48 (formerly Form 3CEB). Last reviewed: November 2026 · Reviewed by CA Regi Tom Antony, Regi Tom Antony & Associates. General guidance; transfer pricing depends on the facts of each transaction.

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