21 or 30 November? The Transfer Pricing ITR Deadline Mix-Up That Can Wipe Out Losses
On 28 September 2026, the CBDT moved the return deadline for audited companies to 21 November. Many finance teams diarised that date for every company in the group.
For companies with transfer pricing reporting, that was the wrong date. And for a company that wrongly assumes it is a transfer pricing case, the error runs the other way: a return filed on 28 November can be a belated return, with business losses gone.
Quick answer: For AY 2026-27, an assessee required to furnish a section 92E report (Form 3CEB) must file its return by 30 November 2026. Circular 07/2026 extended only the non-transfer-pricing audit cases, to 21 November 2026. After the due date, a belated return is possible until 31 December 2026, with fee, interest and loss of carry-forward.
Contents
Why two November dates are causing confusion
Explanation 2 to section 139(1) of the Income-tax Act, 1961 sets different return dates for different groups. Two of them matter here.
Section 92E cases: an assessee required to furnish a transfer pricing report under section 92E files by 30 November of the assessment year. Partners of such a firm, and a spouse covered by section 5A, are placed in the same row.
Other audit cases: companies, persons whose accounts must be audited, and partners of audited firms, where section 92E does not apply, file by 31 October.
CBDT Circular No. 07/2026 dated 28 September 2026, issued under section 119 of the 1961 Act read with section 536 of the Income-tax Act, 2025, extended the second group from 31 October to 21 November 2026. The tax audit report date for that group moved to 21 October 2026.
The circular names only serial number 2 of the table. The 30 November date for section 92E cases was not touched, and nor was the 31 October 2026 date for Form 3CEB.
Which return due date applies to you?
Category (AY 2026-27) | Audit or TP report due | Return due |
|---|---|---|
Assessee required to furnish a s.92E report, including partners of such a firm | 31 October 2026 (Form 3CEB and tax audit report) | 30 November 2026 |
Company or audit case, s.92E not applicable | 21 October 2026 (tax audit report) | 21 November 2026 (Circular 07/2026) |
Belated return, any category | Not applicable | 31 December 2026 (s.139(4)) |
Ask the transfer pricing question first. A company that is audited and also has a section 92E obligation belongs in the 30 November row, not the 21 November row.
Who counts as a 'section 92E case'?
The test is whether the assessee is required to furnish the section 92E report, not whether it has actually filed one. Section 92E applies to every person who entered into an international transaction or a specified domestic transaction during the previous year.
International transaction: any transaction with an associated enterprise (AE) where at least one party is a non-resident, as defined in section 92B. There is no minimum amount.
Specified domestic transaction: covered only where the aggregate exceeds ₹20 crore (section 92BA).
Typical cross-border cases: Indian subsidiaries of foreign groups, Indian companies with overseas subsidiaries, and foreign companies whose Indian branch or project office deals with its head office or group entities.
A firm with transactions with a non-resident AE: the firm and its partners fall in the 30 November category.
Whether the parties are associated enterprises is a section 92A question. A related party under accounting standards is not automatically an AE, and the reverse is also true.
Worked example: a ₹6 lakh reimbursement that moves the date
An Indian private company is 100% owned by a German parent. Its turnover for FY 2025-26 is ₹48 crore, all from Indian customers.
Its only dealing with the parent: the parent bought a group software licence and recharged the Indian company's share, ₹6 lakh, at cost.
That recharge is an international transaction with an AE. Section 92E has no threshold, so a Form 3CEB was required by 31 October 2026.
The return due date is 30 November 2026, not 21 November.
Its tax audit report was also due on 31 October 2026, one month before its own return date, not 21 October.
Had the team treated the company as a plain audit case, it would have rushed to 21 November. Filing early is harmless, but the TP report and the related audit clauses would have been missed.
Practice guide for professionals
Amended Form 3CD: A Practical Guide (₹299) walks through clause-by-clause tax audit reporting, including the international transaction and section 92E disclosures that must tie to Form 3CEB. The ₹699 bundle has all four practice guides.
What else falls due on 30 November?
Several other compliances are keyed to the section 139(1) due date, so for a transfer pricing company they also fall on 30 November 2026.
Item | Provision | Why it matters |
|---|---|---|
Return of income (usually ITR-6 for companies) | s.139(1) | Filed late, it becomes a belated return |
Form 10-IC to opt for the 22% regime | s.115BAA(5), rule 21AE | Option lost for the year if missed |
Master file, Form 3CEAA (constituent entities of international groups) | s.92D(4), rule 10DA | Part A for all; Part B only above rule 10DA thresholds |
Deductions under Chapter VI-A, Part C (for example s.80JJAA) | s.80AC | Not allowed if the return is late |
Before the return, check that the accountant's Form 3CEB and the tax audit report have been uploaded and accepted on the e-filing portal from the company's login. The ITR picks up acknowledgement details from them.
Related reading on the report itself: what happens if Form 3CEB was missed on 31 October.
Worked example: what filing on 15 December would cost
Two transfer pricing companies in the same group file on 15 December 2026 instead of 30 November. Figures are illustrative:
Company A has tax of ₹18,00,000 still unpaid on 30 November, after advance tax and TDS.
Company B has a current-year loss of ₹3.2 crore, of which ₹1.1 crore is unabsorbed depreciation and ₹2.1 crore is business loss.
Consequence | Provision | Amount |
|---|---|---|
Company A: interest at 1% for one month (December; a part month counts) on ₹18 lakh | s.234A | ₹18,000 |
Company A: late filing fee (income above ₹5 lakh) | s.234F | ₹5,000 |
Company B: business loss of ₹2.1 crore not carried forward | s.80 read with s.139(3) | Future tax of about ₹52.85 lakh at 25.168% |
Company B: unabsorbed depreciation of ₹1.1 crore | s.32(2) | Still carried forward |
The interest and fee are small. The lost loss is not: at the 25.168% effective rate under section 115BAA, ₹2.1 crore of loss would have saved about ₹52,85,280 of future tax.
If tax is unpaid, pay self-assessment tax before 30 November even if the return itself needs more time. Section 234A interest runs only on tax that remains unpaid after the due date.
The reverse trap: assuming you are a TP case when you are not
The costlier error is the opposite one. A company that is not actually required to furnish Form 3CEB, but files on, say, 28 November believing it has the later date, has filed a belated return.
This happens most often where:
The foreign entity is a related party under accounting standards but does not meet any section 92A test for an AE.
The only group dealings are specified domestic transactions totalling ₹20 crore or less.
A Form 3CEB was uploaded "to be safe" even though no international transaction or reportable SDT existed. Uploading a report you were not required to furnish does not create the requirement.
If there is any doubt, file by 21 November 2026. A return filed earlier than the due date is never late; one filed after the right date always is.
Old and new section map
AY 2026-27 is governed by the Income-tax Act, 1961. From tax year 2026-27 the same rules sit in the Income-tax Act, 2025, which applies from 1 April 2026.
Subject | Income-tax Act, 1961 | Income-tax Act, 2025 |
|---|---|---|
Return of income and due dates | Section 139 | Section 263 |
Transfer pricing accountant's report | Section 92E, rule 10E, Form 3CEB | Section 172, rule 85, Form 48 |
Interest for late return | Section 234A | Section 423 |
Interest for advance tax default and deferment | Sections 234B and 234C | Sections 424 and 425 |
Fee for late return | Section 234F | Section 428 |
Under the Finance Act, 2026, section 428 of the 2025 Act also levies a fee where the section 172 report is late. For AY 2026-27, the 1961 Act provisions continue to apply.
Pre-filing checklist for the week before 30 November
Confirm in writing whether a section 92E report was required: list every AE and every cross-border or SDT dealing in FY 2025-26.
Check the Form 3CEB and tax audit report are uploaded and accepted on the portal.
Reconcile the Form 3CEB values with the ITR schedules and the tax audit report.
Decide on Form 10-IC if the company is opting this year, and file it before the return.
Pay any self-assessment tax by 30 November 2026.
Check the master file position (Form 3CEAA) for group entities.
Make sure the director's digital signature certificate is valid and registered on the portal.
Keep the evidence for the date chosen: a note on the AE analysis is useful if the due date is questioned later.
Common mistakes
Applying 21 November to the whole group. Subsidiaries with any AE dealing have until 30 November; others do not.
Treating 30 November as a safe default. If no section 92E report was required, the due date was 21 November and a later return is belated.
Ignoring small reimbursements. Cost recharges, guarantees and intra-group services are international transactions even at small values. See management fee and intra-group service pricing.
Forgetting Form 10-IC. The concessional regime is lost for the year if the form misses the s.139(1) due date.
Waiting on tax payment until the return is ready. Interest under section 234A depends on tax unpaid after the due date, not on when the return is filed.
Practitioner insights
The 30 November date is a reason to review the TP position, not only to file. Check whether
were opted for and are reflected consistently.the PE checklist for foreign companies.
Where a primary adjustment has been made in the return, consider the secondary adjustment rules early. See
For foreign companies with Indian operations, the PE analysis drives what income is returned. See
When the AE analysis is borderline, document it at the time of filing. It is much harder to reconstruct when a notice arrives three years later.
Frequently asked questions
What is the ITR due date for transfer pricing cases for AY 2026-27?
30 November 2026. Assessees required to furnish a report under section 92E are in a separate row of the table below Explanation 2 to section 139(1), and CBDT Circular 07/2026 did not change that date.
Did Circular 07/2026 extend the due date for companies with Form 3CEB?
No. The circular extended the return date from 31 October to 21 November 2026 only for persons at serial number 2 of the table: companies and audit cases where section 92E does not apply. Transfer pricing cases were left at 30 November.
Does one small international transaction make my company a transfer pricing case?
Yes, if it is with an associated enterprise. Section 92E has no minimum for international transactions, so even a small reimbursement to a foreign parent requires a Form 3CEB and puts the company in the 30 November category.
What happens if a transfer pricing company files its ITR after 30 November 2026?
The return becomes a belated return under section 139(4), which can be filed up to 31 December 2026. A fee of ₹5,000 under section 234F applies (₹1,000 if income is up to ₹5 lakh), interest under section 234A runs on unpaid tax, and business losses cannot be carried forward.
Can a company file Form 10-IC after 30 November if it is a TP case?
No. The section 115BAA option must be exercised on or before the section 139(1) due date. For a transfer pricing company that date is 30 November 2026; after it, the option is not available for AY 2026-27.
Is the master file in Form 3CEAA also due on 30 November?
For a constituent entity of an international group, rule 10DA links Form 3CEAA to the section 139(1) due date, which for AY 2026-27 is 30 November 2026. Part B applies only above the revenue and transaction thresholds in rule 10DA.
Which form replaces Form 3CEB under the Income-tax Act, 2025?
From tax year 2026-27, the accountant's report under section 172 of the 2025 Act is furnished in Form 48 under rule 85 of the Income-tax Rules, 2026. AY 2026-27 is the last year for Form 3CEB under the 1961 Act.
Related reading
Sources
CBDT Circular No. 07/2026 dated 28 September 2026 (F. No. 225/128/2026/ITA-II), incometaxindia.gov.in. Income-tax Act, 1961: sections 32(2), 80, 80AC, 92A, 92B, 92BA, 92D, 92E, 115BAA, 139(1) Explanation 2, 139(3), 139(4), 234A, 234F; Income-tax Rules, 1962: rules 10DA, 10E, 21AE. Income-tax Department e-filing FAQs on belated returns for AY 2026-27. Income-tax Act, 2025: sections 172, 263, 423, 424, 425, 428 and 536; Income-tax Rules, 2026: rule 85, Form 48. Figures in the worked examples are illustrative and ignore rounding.
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