Income Tax Act, 2025  ·  Chapter X — Special Provisions  ·  Section 161

Section 161
Computation of income from international

IT Act 2025 Chapter X Effective 1 April 2026 Old: 92
New Provision
Section 161, IT Act 2025
Replaces (IT Act 1961)
92
Chapter
Chapter X — Special Provisions
Effective From
1 April 2026
Statutory Text — Section 161

(1) Any income arising from an international transaction or a specified domestic transaction shall be determined having regard to the arm’s length price. (2) Any allowance for any expense or interest arising from an international transaction or a specified domestic transaction shall also be determined having regard to the arm’s length price. (3) If in an international transaction or specified domestic transaction, two or more associated enterprises enter into a mutual agreement or arrangement for–– (a) allocation or apportionment of any cost or expense incurred or to be incurred in connection with a benefit, service or facility provided or to be provided to any one or more of such enterprises; or (b) any contribution to any cost or expense incurred or to be incurred in connection with a benefit, service or facility provided or to be provided to any one or more of such enterprises, the cost or expense allocated or apportioned to, or, contributed by, any such enterprise shall be determined having regard to the arm’s length price of such benefit, service or facility. (4) The provisions of this section shall not apply if the determination under sub-section (1) or (2) or (3) has the effect of reducing the income chargeable to tax or increasing the loss, computed on the basis of entries made in the books of account in respect of the tax year in which the international transaction or specified domestic transaction was entered.

Shahi & Co. — Our Understanding
This section is part of Chapter X of the Income Tax Act, 2025, effective from 1 April 2026. It carries forward the corresponding provision from the Income Tax Act, 1961 with simplified language and restructured drafting.
Practical Note: For specific guidance on how this provision applies to your situation, consult a qualified Chartered Accountant. The Income Tax Act, 2025 retains the substance of the old law while making it more accessible.
Shahi & Co., Chartered Accountants
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Disclaimer: This is a reproduction of Section 161 of the Income Tax Act, 2025 (No. 30 of 2025) as published in the Official Gazette of India (CG-DL-E-22082025-265620) for informational and reference purposes only. Shahi & Co., Chartered Accountants makes no warranty as to completeness or accuracy. For the official authenticated text refer to egazette.gov.in or incometaxindia.gov.in. This does not constitute legal or tax advice.