Transfer Pricing Services: Study, Form 3CEB & Form 48

Yes, for FY 2025-26. That year is still governed by the Income-tax Act, 1961, so the accountant’s report is Form 3CEB under Section 92E, due one month before the return due date (31 October 2026 on the original calendar). Form 48 under Section 172 of the Income-tax Act, 2025 takes over from tax year 2026-27, which ends on 31 March 2027. The content is much the same; the form number and section references change.

For international transactions there is no minimum in the Act: one transaction with a foreign associated enterprise in the year means you need the accountant’s report. Specified domestic transactions are different; they come in only when the aggregate exceeds ₹20 crore in the year. We confirm exactly what applies to you once we see your related-party ledger.

Broadly, an enterprise that participates in your management, control or capital, or is controlled by the same people. Holding 26% or more of the voting power is the most common test, but loans of 51% or more of book value, guarantees of 10% or more of borrowings and board control also count. Section 92A (Section 162 under the 2025 Act) lists all the tests, and we check each one for you.

Only an accountant, which in practice means a practising chartered accountant, can certify the report. It is filed online on the Income Tax e-filing portal, and there is no offline option for Form 48. We prepare the study and the report together, so the figures match your audited accounts and return.

The law asks for the most appropriate method out of six: comparable uncontrolled price, resale price, cost plus, profit split, transactional net margin (TNMM) and other method. For routine service providers and distributors, TNMM is common because reliable data on comparable companies exists. The choice follows your functional analysis, not habit, and we document the reasons for rejecting the other five.

Mostly numbering. The rules moved to Sections 161 to 173, Form 3CEB became Form 48 and the master file and country-by-country forms became Forms 56 to 59. The main new feature is the option of having an arm’s length price determined for one year applied to similar transactions in the next two years.

Section 271BA of the Income-tax Act, 1961 provides a penalty of ₹1,00,000 for failing to furnish the accountant’s report. Missing documentation draws a separate 2% of the transaction value under Section 271AA. If you have missed the date, file as soon as possible and keep a record of the reason for delay; reasonable cause can be argued. We help you prepare that explanation.

Yes. The documentation must be contemporaneous, meaning prepared for that year with that year’s comparable data, and ready by the report’s due date. You can reuse the group description and functional analysis if nothing changed, but the benchmarking is refreshed every year. In practice, a rolled-forward study takes less time and costs less than a first-year one.

Often, yes. Safe harbour rules accept specified margins for eligible transactions such as certain IT and back-office services, so the officer does not question the price. An advance pricing agreement fixes the method or price with the tax department for future years. Applications go in Form 49 (safe harbour) or Form 51 (APA) under the 2026 Rules. We assess whether either suits your case.