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ITA 1961 → ITA 2025Transfer Pricing

Section 92D Section 188

Maintenance and keeping of information and document by persons entering into an international transaction

RetainedHigh - Forms the core of the TP compliance burden.

Quick Answer

Section 92D of the Income Tax Act, 1961 (Maintenance and keeping of information and document by persons entering into an international transaction) corresponds to Section 188 of the Income-tax Act, 2025, effective 1st April 2026. Status: Retained.

What changed for Section 92D

The starting point is Section 92D of the Income Tax Act, 1961 — maintenance and keeping of information and document by persons entering into an international transaction. Mandates maintaining specific TP documents (Master File, Local File) and submitting Country-by-Country Reporting (CbCR).

From 1st April 2026, the same subject sits at Section 188 of the Income-tax Act, 2025 — retained and renumbered as Section 188 of the Income-tax Act, 2025. Retained. CbCR data is now shared instantly with treaty partner countries via automated OECD exchange networks.

For Section 92D, the practical impact is rated High. Forms the core of the TP compliance burden.

Old Law (ITA 1961)Ch: X

Sec 92D

Provision Summary

Mandates maintaining specific TP documents (Master File, Local File) and submitting Country-by-Country Reporting (CbCR).

New Law (ITA 2025)Ch: XII

Sec 188

Provision Summary

Retained. CbCR data is now shared instantly with treaty partner countries via automated OECD exchange networks.

Key Changes & Highlights

  • Document retention period tightly defined.

Related Sections

Frequently Asked Questions

What is Section 92D of the Income Tax Act, 1961 about?

Section 92D of the Income Tax Act, 1961 covers maintenance and keeping of information and document by persons entering into an international transaction. Mandates maintaining specific TP documents (Master File, Local File) and submitting Country-by-Country Reporting (CbCR).

Which section replaces Section 92D in the Income-tax Act, 2025?

Section 92D of the Income Tax Act, 1961 maps to Section 188 of the Income-tax Act, 2025, effective 1st April 2026 (status: Retained). Retained. CbCR data is now shared instantly with treaty partner countries via automated OECD exchange networks.

What is the impact of the change to Section 92D under the new tax code?

The transition impact for Section 92D is rated High. Forms the core of the TP compliance burden.

What should I watch out for when Section 92D moves to the 2025 code?

Document retention period tightly defined. These points are specific to Section 92D (Maintenance and keeping of information and document by persons entering into an international transaction).

Disclaimer: This mapping of Section 92D (Maintenance and keeping of information and document by persons entering into an international transaction) to Section 188 of the Income-tax Act, 2025 is for educational and reference purposes only, based on publicly available drafts and circulars. As Section 92D is currently marked Retained, always confirm its treatment with a qualified Chartered Accountant before filing or making compliance decisions.

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