Rule 10CB - Computation of interest income pursuant to secondary adjustments - Income-tax Rules, 1962

1 [10CB. Computation of interest income pursuant to secondary adjustments .- (1) For the purposes of sub- section (2) of section 92CE of the Act , the time limit for repatriation of 2 [ excess money or part thereof ] shall be on or before ninety days ,- (i) from the due date of filing of return under sub-section (1) of section 139 of the Act where primary adjustments to transfer price has been made suo-moto by the assessee in his return of income; (ii) from the date of the order of Assessing Officer or the appellate authority, as the case may be, if the primary adjustments to transfer price as determined in the aforesaid order has been accepted by the assessee; 3 [ (iii) in a case where primary adjustment to transfer price is determined by an advance pricing agreement entered into by the assessee under section 92CC of the Act in respect of a previous year, - (a) from the date of filing of return under sub-section (1) of section 139 of the Act if the advance pricing agreement has been entered into on or before the due date of filing of return for the relevant previous year; (b) from the end of the month in which the advance pricing agreement has been entered into if the said agreement has been entered into after the due date of filing of return for the relevant previous year ] (iv) from the due date of filing of return under sub-section (1) section 139 of the Act in the case of option exercised by the assessee as per the safe harbour rules under section 92CB ;or 4 [ (v) from the date of giving effect by the Assessing Officer under rule 44H to the resolution arrived at under mutual agreement procedure, where the primary adjustment to transfer price is determined by such resolution under a Double Taxation Avoidance Agreement entered into under section 90 or section 90A of the Act ] (2) The imputed per annum interest income on 2 [ excess money or part thereof ] which is not repatriated within the time limit as per sub-section (1) of section 92CE of the Act shall be computed,- (i) at the one year marginal cost of fund lending rate of State Bank of India as on 1st of April of the relevant previous year plus three hundred twenty five basis points in the cases where the international transaction is denominated in Indian rupee; or (ii) at six month London Interbank Offered Rate as on 30th September of the relevant previous year plus three hundred basis points in the cases where the international transaction is denominated in foreign currency. 5 [ (3) The interest referred to in sub-rule (2) shall be chargeable on excess money or part thereof which is not repatriated- (a) in cases referred to in clause (i), in sub-clause(a) of clause (iii) and clause (iv) of sub rule(1), from the due date of filing of return under sub-section (1) of section 139 of the Act; (b) in cases referred to in clause(ii) of sub-rule(1), from the date of the order of Assessing Officer or the appellate authority, as the case may be; (c) in cases referred to in sub-clause(b) of clause (iii) of sub-rule(1), from the end of the month in which the advance pricing agreement has been entered into by the assessee under section 92CC of the Act; (d) in cases referred to in clause (v) of sub-rule (1), from the date of giving effect by the Assessing Officer under rule 44H to the resolution arrived at under mutual agreement procedure. ] 6 [ Explanation- For the purposes of this rule, - (A) International transaction shall have the same meaning as assigned to it in section 92B of the Act; (B) The rate of exchange for the calculation of the value in rupees of the international transaction denominated in foreign currency shall be the telegraphic transfer buying rate of such currency on the last day of the previous year in which such international transaction was undertaken and the telegraphic transfer buying rate shall have the same meaning as assigned in the Explanation to rule 26. ] -------------------- Notes:- 1. Inserted vide Not. 52/2017 - Dated 15-6-2017 2. Substituted vide NOTIFICATION NO. 76/2019 dated 30-09-2019 before it was read as excess money 3. Substituted vide NOTIFICATION NO. 76/2019 dated 30-09-2019 before it was read as (iii) from the due date of filing of return under sub-section (1) of section 139 of the Act in the case of agreement for advance pricing entered into by the assessee under section 92CD ; 4. Substituted vide NOTIFICATION NO. 76/2019 dated 30-09-2019 before it was read as (v) from the due date of filing of return under sub-section (1) section 139 of the Act in the case of an agreement made under the mutual agreement procedure under a Double Taxation Avoidance Agreement entered into under section 90 or 90A ; 5. Inserted vide NOTIFICATION NO. 76/2019 dated 30-09-2019 6. Substituted vide NOTIFICATION NO. 76/2019 dated 30-09-2019 before it was read as Explanation- For the purposes of this rule International transaction shall have the meaning assigned to it in section 92B of the Act . ]