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Section 92CE Section 187

Secondary adjustment in certain cases

RetainedHigh - Forces MNCs to physically move cash to India after an audit addition.

Quick Answer

Section 92CE of the Income Tax Act, 1961 (Secondary adjustment in certain cases) corresponds to Section 187 of the Income-tax Act, 2025, effective 1st April 2026. Status: Retained.

What changed for Section 92CE

Section 92CE of the 1961 Act sets out the rules on secondary adjustment in certain cases. If ALP adjustment exceeds Rs. 1 Crore, the excess money must actually be repatriated to India within 90 days. If not, interest is charged as if it was a loan.

Under the Income-tax Act, 2025 (effective 1st April 2026), Section 92CE is retained and renumbered as Section 187 of the Income-tax Act, 2025. Retained verbatim. Ensures that paper adjustments actually result in real cash entering the Indian economy.

The transition impact on Section 92CE is assessed as High. Forces MNCs to physically move cash to India after an audit addition.

Old Law (ITA 1961)Ch: X

Sec 92CE

Provision Summary

If ALP adjustment exceeds Rs. 1 Crore, the excess money must actually be repatriated to India within 90 days. If not, interest is charged as if it was a loan.

New Law (ITA 2025)Ch: XII

Sec 187

Provision Summary

Retained verbatim. Ensures that paper adjustments actually result in real cash entering the Indian economy.

Key Changes & Highlights

  • No change. Acts as a strict enforcement tool.

Frequently Asked Questions

Which subject does Section 92CE of the 1961 Act cover?

Section 92CE of the Income Tax Act, 1961 covers secondary adjustment in certain cases. If ALP adjustment exceeds Rs. 1 Crore, the excess money must actually be repatriated to India within 90 days. If not, interest is charged as if it was a loan.

What is the new section number for Section 92CE under the Income-tax Act, 2025?

Section 92CE of the Income Tax Act, 1961 maps to Section 187 of the Income-tax Act, 2025, effective 1st April 2026 (status: Retained). Retained verbatim. Ensures that paper adjustments actually result in real cash entering the Indian economy.

How does the Income-tax Act, 2025 affect Section 92CE in practice?

The transition impact for Section 92CE is rated High. Forces MNCs to physically move cash to India after an audit addition.

Disclaimer: This mapping of Section 92CE (Secondary adjustment in certain cases) to Section 187 of the Income-tax Act, 2025 is for educational and reference purposes only, based on publicly available drafts and circulars. As Section 92CE is currently marked Retained, always confirm its treatment with a qualified Chartered Accountant before filing or making compliance decisions.

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