1) Advance Pricing Agreements (APAs) allow taxpayers to determine transfer pricing methods and arm's length prices for future international transactions in a cooperative manner to avoid potential disputes.
2) Taxpayers can apply unilaterally, bilaterally, or multilaterally for APAs. Bilateral and multilateral APAs require coordination between Indian and foreign tax authorities.
3) Extensive documentation must be provided including financials, functional analyses, critical assumptions, and proposed transfer pricing methodology.
A complete presentation on Transfer Pricing study, report and procedural aspect 92D. India has signed the historic multilateral convention with 65 countries on BEPS. Safe Harbour Rules u/s 92CB now revised
The document classifies contracts into five categories: formation, performance, parties, formalities, and legality. Formation includes express, implied, and quasi contracts. Performance includes executed and executory contracts. Parties include bilateral and unilateral contracts. Formalities include formal and informal contracts. Legality includes valid, void, voidable, unenforceable, and illegal agreements. Essential elements of a valid contract are offer/acceptance, intention to create legal obligations, lawful consideration, competent parties, free consent, lawful object, and certainty.
The document discusses various types of tax assessments under the Income Tax Act, including self-assessment, summary assessment, and best judgment assessment. It discusses the procedures for issuing notices under sections 142, 143, 147, and 148 and the time limits for completing assessments. Key points include that intimations under section 143(1) are not considered orders, notices under section 148 must be served before making assessments under section 147, and the conditions for best judgment assessments are considered alternative rather than cumulative by the Supreme Court.
Wealth tax is levied at 1% on net wealth exceeding Rs. 30 lakhs as of March 31. Net wealth is total assets minus exempted assets and debts incurred to purchase taxable assets. Individuals and HUFs resident in India are taxed on worldwide assets, while non-residents are taxed only on Indian assets. Common taxable assets include cars, boats, jewelry, urban land and cash in hand exceeding Rs. 50,000. One residential house and certain other assets are exempt from tax. Wealth tax returns are due by July 31 if not liable for audit, else by September 30, with late filing penalties of 1% per month. Wealth tax was abolished from FY 2016
The document summarizes key provisions relating to the duties and powers of auditors under Section 143 of the Companies Act 2013 in India. It discusses the following in 3 sentences or less:
- Section 143(1) outlines matters auditors must inquire into including loans/advances, personal expenses, asset sales, and share issuances.
- Section 143(2) requires auditors to report on accounts examined and compliance with accounting standards in reports to the company.
- Sections 143(3) and 143(4) specify the contents of audit reports, including compliance with laws and standards, transactions, director qualifications, and reasons for qualifications.
Presentation on registration of a partnership firmShatakshiSingh17
Although, in India it is not mandatory to register a partnership firm but the registered partnership firm enjoys certain rights. In this presentation,I have talked about a Partnership firm, effects of its non-registration and procedure of getting a firm registered.
A complete presentation on Transfer Pricing study, report and procedural aspect 92D. India has signed the historic multilateral convention with 65 countries on BEPS. Safe Harbour Rules u/s 92CB now revised
The document classifies contracts into five categories: formation, performance, parties, formalities, and legality. Formation includes express, implied, and quasi contracts. Performance includes executed and executory contracts. Parties include bilateral and unilateral contracts. Formalities include formal and informal contracts. Legality includes valid, void, voidable, unenforceable, and illegal agreements. Essential elements of a valid contract are offer/acceptance, intention to create legal obligations, lawful consideration, competent parties, free consent, lawful object, and certainty.
The document discusses various types of tax assessments under the Income Tax Act, including self-assessment, summary assessment, and best judgment assessment. It discusses the procedures for issuing notices under sections 142, 143, 147, and 148 and the time limits for completing assessments. Key points include that intimations under section 143(1) are not considered orders, notices under section 148 must be served before making assessments under section 147, and the conditions for best judgment assessments are considered alternative rather than cumulative by the Supreme Court.
Wealth tax is levied at 1% on net wealth exceeding Rs. 30 lakhs as of March 31. Net wealth is total assets minus exempted assets and debts incurred to purchase taxable assets. Individuals and HUFs resident in India are taxed on worldwide assets, while non-residents are taxed only on Indian assets. Common taxable assets include cars, boats, jewelry, urban land and cash in hand exceeding Rs. 50,000. One residential house and certain other assets are exempt from tax. Wealth tax returns are due by July 31 if not liable for audit, else by September 30, with late filing penalties of 1% per month. Wealth tax was abolished from FY 2016
The document summarizes key provisions relating to the duties and powers of auditors under Section 143 of the Companies Act 2013 in India. It discusses the following in 3 sentences or less:
- Section 143(1) outlines matters auditors must inquire into including loans/advances, personal expenses, asset sales, and share issuances.
- Section 143(2) requires auditors to report on accounts examined and compliance with accounting standards in reports to the company.
- Sections 143(3) and 143(4) specify the contents of audit reports, including compliance with laws and standards, transactions, director qualifications, and reasons for qualifications.
Presentation on registration of a partnership firmShatakshiSingh17
Although, in India it is not mandatory to register a partnership firm but the registered partnership firm enjoys certain rights. In this presentation,I have talked about a Partnership firm, effects of its non-registration and procedure of getting a firm registered.
The document provides an overview of negotiable instruments under Indian law. It defines key negotiable instruments like promissory notes, bills of exchange, and cheques. It outlines their essential elements, parties involved, and examples. The document also discusses negotiation, endorsement, and types of endorsement. The key information covered includes definitions of negotiable instruments, their distinguishing features, types like inland/foreign bills and time/demand bills, and roles of parties in promissory notes, bills of exchange, and cheques.
Checklist on GST Audit step by step guide on how to conduct GST Audit. Main emphasis on
1. Approaching Audit place
2. Checking Invoice
3. Input Tax Credit
4. Time of Supply
etc...
This document provides an overview of anti-dumping measures under the WTO regime. It discusses the historical background of anti-dumping laws, including key agreements. It outlines the conditions for imposing anti-dumping duties, including determining dumping, injury, and the causal link. It explains the process for investigations and provides examples of disputes related to anti-dumping measures.
Income tax authorities under Income tax act 1961Chirantan Tiwari
The document summarizes the key income tax authorities in India and their roles and responsibilities.
The main authorities are:
1) The Central Board of Direct Taxes (CBDT) which is responsible for policy and administration of direct taxes.
2) Income tax officers, tax recovery officers, and inspectors who handle assessments, collections, and enforcement.
3) The CBDT, directors general, commissioners, and joint commissioners can appoint other tax authorities and delegate powers.
4) The jurisdiction and powers of tax authorities are determined by the CBDT through orders and directions.
Related Party Transactions by Dipti Mehta Partner Mehta & Mehta Company Secretary
Both under the 2013 Act , requirements concerning related party transactions may be divided into four key parts, viz., identification of related parties, related party transactions, approval process and disclosure requirements. It is clear from discussion below that in most cases, The definition of ‘related party’ under RC49 is likely to result in identification of significantly higher number of related party. Unlike the 2013 Act, RC49 does not exempt related party transactions from special resolution of disinterested shareholders based on criteria, viz., (i) transaction is in the ordinary course of business and at arm’s length, or (ii) prescribed threshold regarding transaction value and share capital are not breached.
Disclaimer: Disclaimer: This presentation is based on my internal research. It is notified that the presenter and any other person related to him shall be responsible for any damage or loss of any action taken based on this presentation. It is suggested to seek professional advice before initiating any action.
This document summarizes key sections of the Partnership Act of 1932 regarding incoming and outgoing partners, as well as dissolution of partnerships. Key points include: introduction of a new partner requires consent of all existing partners; a retiring partner ceases being a partner when others continue the business; a partner can be expelled by majority for the firm's benefit with proper procedures; and a firm may dissolve by agreement, contingencies like death or insolvency of a partner, or by court order for issues like misconduct.
Agriculture income is exempt from income tax, but is included in total income to determine the applicable tax rate for non-agricultural income. Agriculture income includes any rent or revenue from land used for agricultural purposes in India. It also includes income derived from agricultural processes performed on crops and the sale of crops that underwent these processes. Agriculture income exemption can only be claimed by land owners and cultivators. Integration of agriculture and non-agricultural income is done when non-agricultural income exceeds the basic exemption limit and agriculture income exceeds Rs. 5,000. Integration may result in additional tax liability if the total income falls in higher tax slabs.
The document provides an overview of key concepts in Indian contract law under the Indian Contract Act of 1872. It defines a contract as an agreement that is legally enforceable. It outlines the essential elements for a valid contract such as offer, acceptance, consideration, capacity of parties, lawful object and intention to create a legal relationship. It also discusses classification of contracts based on validity, nature and execution. Key terms like offer, acceptance, consideration and their essentials are defined. Exceptions to the general rule of consideration and the concept of a stranger to contract are also summarized.
The document discusses various types of delays that can occur in construction projects and their classifications. It provides examples of:
1) Excusable delays such as labor disputes, fires, and unavoidable delays that are beyond the contractor's control.
2) Non-excusable delays like ordinary weather, subcontractor delays, and failures by the contractor to properly manage the site.
3) Compensable delays caused by unforeseen issues like transportation delays beyond the contractor's control.
It also discusses the differences between critical and non-critical delays as well as concurrent delays caused by multiple parties. The key takeaway is that excusable, non-critical, and concurrent delays may provide grounds for claims for
The document discusses the five heads of income under the Indian Income Tax Act of 1961: (1) income from salary, (2) income from house property, (3) income from business and profession, (4) income from capital gains, and (5) income from other sources. It provides details on what types of income fall under each head and the basic rules for taxing each type of income.
this presentation consists of the information abou TDS ans TCS and their implications under GST. It also includes the differnce between both the terms.
Income Tax Assessment Procedures - Section 143, 144 and moreSahil Goel
The document discusses various aspects of the income tax assessment procedure in India. It defines assessment as the procedure for determining a taxpayer's tax liability as per the taxation laws for a particular assessment year. There are different types of assessments - self-assessment, regular assessment, and best judgment assessment. It also discusses provisions around filing original and revised tax returns, notices issued by the assessing officer, and reopening of past assessments if income is found to have escaped assessment.
The document discusses several key concepts relating to tax laws and litigation in India. It outlines 11 fundamental principles that should guide tax law design, including adequacy, equity, simplicity and predictability. It also describes constitutional limitations on taxation powers in India, important case laws, and distinguishes between taxes, duties, fees and cess. Other sections summarize tax avoidance versus evasion, double taxation, tax planning versus management, and mechanisms for resolving tax disputes such as appeals processes, advance rulings and advance pricing agreements.
This document contains a secretarial audit checklist with 75 items to check the company's compliance with various sections of the Companies Act, 1956 regarding maintenance of statutory registers and records, conduct of board and shareholder meetings, appointment of directors and auditors, borrowing limits, related party transactions, and other legal requirements. The checklist includes requirements for registers of members, charges, investments, minutes books, annual returns, share transfers, loans to directors, interested party contracts, and compliances regarding AGMs, EGMs, dividends, borrowings, deposits from public and employees.
Objectives & Agenda :
To know when an appeal can be made before a Commissioner, High Court and Supreme Court. To gain knowledge regarding the pre-requisites for filing an appeal. To understand the provisions relating to the fines, penalties and the time limit in an appeal. To gain insight regarding the procedure followed during an appeal.
WTO Agreement on Subsidies and Countervailing MeasuresEvgeny Pustovalov
The document discusses key aspects of the WTO Agreement on Subsidies and Countervailing Measures (SCM Agreement). It outlines the different types of subsidies - prohibited, actionable, and non-actionable - and the rules governing each. Prohibited subsidies include export subsidies and import substitution subsidies. Actionable subsidies are those that cause adverse effects like injury to domestic industry. Non-actionable subsidies are those that are non-specific. The agreement also provides special and differential treatment for developing countries in areas like de minimis subsidy levels and volume thresholds for countervailing investigations. Remedies under the agreement include withdrawal of subsidies or imposition of countervailing duties.
Dispute settlement body under world trade organisationKiran Prasad Naik
The document summarizes the dispute settlement process under the World Trade Organization (WTO). It discusses how disputes are settled through consultation, panels, appeals, and enforcement of rulings. The goal is for countries to resolve disputes themselves, but the process provides clearly defined stages and timelines to settle disputes through the WTO to encourage compliance with trade rules.
OBJECTIVE
Import of all kinds of goods and the export of goods on certain situations attracts customs duty. The Customs Act,1962 contains provisions which govern the levy of customs duty. In this webinar, we shall deal with provisions relating to prosecutions and penalties levied on the person for any offences.
The document discusses advance pricing arrangements (APAs) in India. Key points:
1) APAs allow Indian tax authorities to agree transfer pricing methodologies with taxpayers for international transactions over 5 years, providing certainty.
2) APAs benefit both taxpayers and tax authorities by reducing disputes and compliance costs related to transfer pricing rules.
3) APAs can be unilateral between a taxpayer and India, or bilateral/multilateral also involving foreign tax authorities.
1) Transfer pricing refers to the prices charged for transactions between related parties, such as multinational businesses. It aims to ensure transactions occur at arm's length prices, similar to unrelated parties.
2) Indian transfer pricing regulations are largely based on OECD guidelines and require extensive documentation and use the arm's length principle. Non-compliance can result in penalties.
3) Transfer pricing methods like comparable uncontrolled price method, resale price method, cost plus method, profit split method, and transactional net margin method are used to determine arm's length prices. Extensive documentation must be maintained.
The document provides an overview of negotiable instruments under Indian law. It defines key negotiable instruments like promissory notes, bills of exchange, and cheques. It outlines their essential elements, parties involved, and examples. The document also discusses negotiation, endorsement, and types of endorsement. The key information covered includes definitions of negotiable instruments, their distinguishing features, types like inland/foreign bills and time/demand bills, and roles of parties in promissory notes, bills of exchange, and cheques.
Checklist on GST Audit step by step guide on how to conduct GST Audit. Main emphasis on
1. Approaching Audit place
2. Checking Invoice
3. Input Tax Credit
4. Time of Supply
etc...
This document provides an overview of anti-dumping measures under the WTO regime. It discusses the historical background of anti-dumping laws, including key agreements. It outlines the conditions for imposing anti-dumping duties, including determining dumping, injury, and the causal link. It explains the process for investigations and provides examples of disputes related to anti-dumping measures.
Income tax authorities under Income tax act 1961Chirantan Tiwari
The document summarizes the key income tax authorities in India and their roles and responsibilities.
The main authorities are:
1) The Central Board of Direct Taxes (CBDT) which is responsible for policy and administration of direct taxes.
2) Income tax officers, tax recovery officers, and inspectors who handle assessments, collections, and enforcement.
3) The CBDT, directors general, commissioners, and joint commissioners can appoint other tax authorities and delegate powers.
4) The jurisdiction and powers of tax authorities are determined by the CBDT through orders and directions.
Related Party Transactions by Dipti Mehta Partner Mehta & Mehta Company Secretary
Both under the 2013 Act , requirements concerning related party transactions may be divided into four key parts, viz., identification of related parties, related party transactions, approval process and disclosure requirements. It is clear from discussion below that in most cases, The definition of ‘related party’ under RC49 is likely to result in identification of significantly higher number of related party. Unlike the 2013 Act, RC49 does not exempt related party transactions from special resolution of disinterested shareholders based on criteria, viz., (i) transaction is in the ordinary course of business and at arm’s length, or (ii) prescribed threshold regarding transaction value and share capital are not breached.
Disclaimer: Disclaimer: This presentation is based on my internal research. It is notified that the presenter and any other person related to him shall be responsible for any damage or loss of any action taken based on this presentation. It is suggested to seek professional advice before initiating any action.
This document summarizes key sections of the Partnership Act of 1932 regarding incoming and outgoing partners, as well as dissolution of partnerships. Key points include: introduction of a new partner requires consent of all existing partners; a retiring partner ceases being a partner when others continue the business; a partner can be expelled by majority for the firm's benefit with proper procedures; and a firm may dissolve by agreement, contingencies like death or insolvency of a partner, or by court order for issues like misconduct.
Agriculture income is exempt from income tax, but is included in total income to determine the applicable tax rate for non-agricultural income. Agriculture income includes any rent or revenue from land used for agricultural purposes in India. It also includes income derived from agricultural processes performed on crops and the sale of crops that underwent these processes. Agriculture income exemption can only be claimed by land owners and cultivators. Integration of agriculture and non-agricultural income is done when non-agricultural income exceeds the basic exemption limit and agriculture income exceeds Rs. 5,000. Integration may result in additional tax liability if the total income falls in higher tax slabs.
The document provides an overview of key concepts in Indian contract law under the Indian Contract Act of 1872. It defines a contract as an agreement that is legally enforceable. It outlines the essential elements for a valid contract such as offer, acceptance, consideration, capacity of parties, lawful object and intention to create a legal relationship. It also discusses classification of contracts based on validity, nature and execution. Key terms like offer, acceptance, consideration and their essentials are defined. Exceptions to the general rule of consideration and the concept of a stranger to contract are also summarized.
The document discusses various types of delays that can occur in construction projects and their classifications. It provides examples of:
1) Excusable delays such as labor disputes, fires, and unavoidable delays that are beyond the contractor's control.
2) Non-excusable delays like ordinary weather, subcontractor delays, and failures by the contractor to properly manage the site.
3) Compensable delays caused by unforeseen issues like transportation delays beyond the contractor's control.
It also discusses the differences between critical and non-critical delays as well as concurrent delays caused by multiple parties. The key takeaway is that excusable, non-critical, and concurrent delays may provide grounds for claims for
The document discusses the five heads of income under the Indian Income Tax Act of 1961: (1) income from salary, (2) income from house property, (3) income from business and profession, (4) income from capital gains, and (5) income from other sources. It provides details on what types of income fall under each head and the basic rules for taxing each type of income.
this presentation consists of the information abou TDS ans TCS and their implications under GST. It also includes the differnce between both the terms.
Income Tax Assessment Procedures - Section 143, 144 and moreSahil Goel
The document discusses various aspects of the income tax assessment procedure in India. It defines assessment as the procedure for determining a taxpayer's tax liability as per the taxation laws for a particular assessment year. There are different types of assessments - self-assessment, regular assessment, and best judgment assessment. It also discusses provisions around filing original and revised tax returns, notices issued by the assessing officer, and reopening of past assessments if income is found to have escaped assessment.
The document discusses several key concepts relating to tax laws and litigation in India. It outlines 11 fundamental principles that should guide tax law design, including adequacy, equity, simplicity and predictability. It also describes constitutional limitations on taxation powers in India, important case laws, and distinguishes between taxes, duties, fees and cess. Other sections summarize tax avoidance versus evasion, double taxation, tax planning versus management, and mechanisms for resolving tax disputes such as appeals processes, advance rulings and advance pricing agreements.
This document contains a secretarial audit checklist with 75 items to check the company's compliance with various sections of the Companies Act, 1956 regarding maintenance of statutory registers and records, conduct of board and shareholder meetings, appointment of directors and auditors, borrowing limits, related party transactions, and other legal requirements. The checklist includes requirements for registers of members, charges, investments, minutes books, annual returns, share transfers, loans to directors, interested party contracts, and compliances regarding AGMs, EGMs, dividends, borrowings, deposits from public and employees.
Objectives & Agenda :
To know when an appeal can be made before a Commissioner, High Court and Supreme Court. To gain knowledge regarding the pre-requisites for filing an appeal. To understand the provisions relating to the fines, penalties and the time limit in an appeal. To gain insight regarding the procedure followed during an appeal.
WTO Agreement on Subsidies and Countervailing MeasuresEvgeny Pustovalov
The document discusses key aspects of the WTO Agreement on Subsidies and Countervailing Measures (SCM Agreement). It outlines the different types of subsidies - prohibited, actionable, and non-actionable - and the rules governing each. Prohibited subsidies include export subsidies and import substitution subsidies. Actionable subsidies are those that cause adverse effects like injury to domestic industry. Non-actionable subsidies are those that are non-specific. The agreement also provides special and differential treatment for developing countries in areas like de minimis subsidy levels and volume thresholds for countervailing investigations. Remedies under the agreement include withdrawal of subsidies or imposition of countervailing duties.
Dispute settlement body under world trade organisationKiran Prasad Naik
The document summarizes the dispute settlement process under the World Trade Organization (WTO). It discusses how disputes are settled through consultation, panels, appeals, and enforcement of rulings. The goal is for countries to resolve disputes themselves, but the process provides clearly defined stages and timelines to settle disputes through the WTO to encourage compliance with trade rules.
OBJECTIVE
Import of all kinds of goods and the export of goods on certain situations attracts customs duty. The Customs Act,1962 contains provisions which govern the levy of customs duty. In this webinar, we shall deal with provisions relating to prosecutions and penalties levied on the person for any offences.
The document discusses advance pricing arrangements (APAs) in India. Key points:
1) APAs allow Indian tax authorities to agree transfer pricing methodologies with taxpayers for international transactions over 5 years, providing certainty.
2) APAs benefit both taxpayers and tax authorities by reducing disputes and compliance costs related to transfer pricing rules.
3) APAs can be unilateral between a taxpayer and India, or bilateral/multilateral also involving foreign tax authorities.
1) Transfer pricing refers to the prices charged for transactions between related parties, such as multinational businesses. It aims to ensure transactions occur at arm's length prices, similar to unrelated parties.
2) Indian transfer pricing regulations are largely based on OECD guidelines and require extensive documentation and use the arm's length principle. Non-compliance can result in penalties.
3) Transfer pricing methods like comparable uncontrolled price method, resale price method, cost plus method, profit split method, and transactional net margin method are used to determine arm's length prices. Extensive documentation must be maintained.
Rollback of Advance Pricing Agreement - Clarity NeededRhea Munjal
This document discusses India's introduction of rollback provisions to its Advance Pricing Agreement (APA) program. The key points are:
1. India introduced APA provisions in 2012 to provide predictability on transfer pricing for international transactions but it did not initially include rollback provisions.
2. Rollback provisions allow the arm's length pricing determined by an APA to apply to past transactions, providing relief to taxpayers from disputes over prior years.
3. India introduced rollback provisions in 2014 to align with global best practices and reduce large-scale transfer pricing litigation. The rollback can apply to the four years prior to the APA.
4. The document analyzes whether India's rollback program will effectively reduce
Transfer pricing involves setting prices for cross-border transactions between related companies. It is an area that tax authorities closely regulate as companies may manipulate transfer prices to minimize tax burden. The arm's length principle holds that transfer prices should be similar to prices unrelated parties would set. The IRS disputed transfer pricing arrangements of GlaxoSmithKline and Compaq Computer, resulting in large tax bills. Transfer pricing laws in India also follow the arm's length principle and specify methods like comparable uncontrolled price to determine appropriate transfer prices.
This document summarizes key aspects of transfer pricing regulations in India. It discusses the various methods that can be used to determine the arm's length price under section 92C of the Income Tax Act, including the comparable uncontrolled price method, resale price method, cost plus method, profit split method, and transactional net margin method. It also outlines the documentation requirements that must be maintained under section 92D to substantiate transfer prices. Penalties may be levied for failure to maintain such documentation or provide it to tax authorities upon request.
1. Transfer pricing regulations are necessary for tax administrations and taxpayers to protect tax bases, eliminate double taxation, and enhance cross-border trade. Under Indian regulations, transfer pricing provisions apply to international transactions between associated enterprises and specified domestic transactions.
2. To determine the arm's length price for related party transactions, taxpayers must analyze transaction features, identify comparable uncontrolled transactions, select the most appropriate transfer pricing method, and apply the method to calculate the arm's length price. Common methods include comparable uncontrolled price method, resale price method, cost plus method, transactional net margin method, and profit split method.
3. Taxpayers must maintain thorough transfer pricing documentation covering functions, assets, risks, comparables analysis
The document provides an overview of transfer pricing regulations in India. It discusses:
1) The legal framework governing transfer pricing, including key sections of the Income Tax Act relating to computation of income from international transactions at arm's length prices.
2) The procedures involved in transfer pricing assessments, including reference to the transfer pricing officer, draft order process, and appeal mechanisms.
3) Methods for determining arm's length prices for international transactions, including comparable uncontrolled price method, resale price method, cost plus method, profit split method, and transactional net margin method.
4) Requirements for transfer pricing documentation and the accountant's role in furnishing transfer pricing reports as required by section 92E of
Controlled
transaction
A Inc.
(USA)
Uncontrolled
transaction
B Inc.
(USA)
$10
A Ltd.
(India)
C Ltd.
(India)
GM 20%
$8
Customers
Customers
1) Transfer pricing refers to the prices charged for transactions between associated enterprises, and aims to ensure they are consistent with prices charged between independent parties (arm's length principle).
2) India introduced transfer pricing provisions to prevent profit shifting by multinational enterprises from high tax to low tax jurisdictions.
3) The key concepts are arm's length price, transfer price, uncontrolled transactions, controlled transactions
This document discusses India's transfer pricing regulations under Section 92-92F of the Income Tax Act. It provides an overview of key concepts like the arm's length principle, associated enterprises, international transactions, and methods for determining the arm's length price for transfer pricing purposes. The five acceptable transfer pricing methods are described as comparable uncontrolled price method, resale price method, cost plus method, profit split method, and transactional net margin method. Documentation and penalty requirements are also summarized.
Singapore India DTA Incorporating Protocol 2005Maverick Tan
This document summarizes an agreement between the governments of Singapore and India to avoid double taxation and prevent tax evasion with respect to income taxes. It was signed on January 24, 1994 and took effect on January 1, 1994 for Singapore and April 1, 1994 for India. The agreement defines key terms and outlines how residence and permanent establishments are determined for tax purposes. It also describes the taxes covered under the agreement.
This document discusses transfer pricing regulations in Nigeria. It defines transfer pricing as how related parties price cross-border transactions between entities. It outlines Nigeria's objectives for its transfer pricing regulations, which include ensuring a fair share of profits and preventing profit shifting. The regulations provide guidance on comparability analysis, documentation requirements, advance pricing agreements, dispute resolution procedures, and penalties for noncompliance.
This document contains the first 4 sections of the 2016 Revised Implementing Rules and Regulations of Republic Act No. 9184, otherwise known as the Government Procurement Reform Act. Section 1 discusses the short title and purpose of promoting good governance and adherence to transparency, accountability, equity, efficiency and economy in procurement. Section 2 declares the policy that procurement shall be competitive and transparent through competitive bidding. Section 3 lists the governing principles of transparency, competitiveness, streamlined processes, accountability and public monitoring. Section 4 discusses the scope and application of the rules and regulations.
This article " The Singapore Mediation Convention, 2019" explains the the United Nations Convention on International Settlement Agreements Resulting From Mediation. It makes a case for the use of mediation by States in the context of Investor-State conflict management. On 7 August forty-six Countries, including China and the US, signed the United Nations Convention on International Settlement Agreements Resulting From Mediation (“Singapore Convention”).
Contract management , GFR Rules, Sampling and Testing.pptxsumitmmmecce
The document discusses rules 224-226 of the General Financial Rules of 2017 regarding contract management which specify that all contracts must be made by an authorized authority, general principles for contracts such as using standard forms and legal advice, and measures for enforcing general contract conditions such as approving technical representatives and sample materials. It also provides details on contract documents, price variation clauses, and other contractual terms.
This document is a project report submitted to Savitribai Phule Pune University by Yuvraj Tukaram Bokare on the topic of "Marketing of Insurance in Retail Sector and Public Survey". The report includes an introduction, executive summary, company profile, industry profile, objectives, research methodology, data collection, data analysis, conclusion and suggestions. It also provides acknowledgements and contains various sections related to international commercial arbitration and enforcement of foreign arbitration awards under the New York and Geneva conventions.
This document summarizes the key points of the Double Taxation Agreement between India and Bangladesh signed on May 27, 1992. It aims to avoid double taxation and prevent fiscal evasion with respect to taxes on income for the two countries. The agreement applies to individuals and companies that are residents of India or Bangladesh. It specifies the taxes covered in each country and defines terms like "resident", "permanent establishment", and assigns authority to the respective revenue boards of each country.
The document discusses key considerations for drafting effective arbitration clauses in commercial agreements. It outlines important elements that should be included in an arbitration clause such as the number of arbitrators, governing laws, language, and whether the arbitration will be administered by an institution. The document emphasizes specifying the "seat" of arbitration to determine the court with jurisdiction over challenges to awards. It also cautions against ambiguous language and provides examples of clear, comprehensive arbitration clauses.
The Indian government introduced rollback provisions for Advance Pricing Agreements (APAs) to reduce litigation and align transfer pricing with international standards. Under the new rules, taxpayers can apply rollback of APAs to the previous four years for the same international transactions. This allows companies currently in dispute over transfer pricing for 2011-2015 to potentially resolve the issue through an APA. The rules provide the application process and require filing a modified return along with additional tax if needed. Rollback will only be granted if the return was originally filed on time and the case is not currently before the appellate tribunal. This rollback provision aims to give taxpayers pricing certainty for up to nine years through a forward-looking and rollback APA.
Enforcement of foreign arbitral awards Dechen Gurung
The document discusses international commercial arbitration and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. It provides an overview of key aspects of the Convention, including that it establishes rules for recognizing and enforcing arbitral awards internationally. The Convention has 159 member states and aims to ensure arbitral awards are recognized and enforced similarly to domestic awards. The summary also outlines grounds for refusing recognition or enforcement of an award under the Convention.
This is a detailed overview of the enforcement of foreign arbitral awards: New York Convention 1958, with a special reference to the section on foreign arbitral awards in Nepalese Arbitration act 2055.
This document is an agreement between Indonesia and Singapore to avoid double taxation and prevent tax evasion on income taxes. It outlines the personal and tax coverage of the agreement. Key provisions include:
- Applying to individuals and companies resident in either country.
- Covering income taxes imposed in each country, including taxes on gains, wages, and elements of income.
- Defining the existing taxes covered in each country.
- Allowing amendments if tax laws change significantly in either country.
Assignment 4 - Certification in Dispute ManagementJyotpreet Kaur
Domestic arbitration in India involves disputes that arise wholly within India where the parties and subject matter are governed by Indian law. International arbitration can take place in or outside India when there is a foreign element such as parties from different countries. There are conflicting views among Indian courts on whether Part I of the Indian arbitration law applies to arbitrations seated outside India. The document discusses the definitions and differences between domestic and international arbitration under Indian law.
This document discusses arbitration agreements. It defines an arbitration agreement as an agreement between parties to submit present or future disputes to arbitration. There are two basic types: clauses in contracts and separate submission agreements for disputes that have already arisen. The document outlines requirements for valid arbitration agreements under the Model Law and New York Convention. It also discusses the law applicable to arbitration agreements, the power of courts to refer parties to arbitration when an agreement exists, interim measures courts can order, and grounds for terminating an arbitration agreement.
India - Definition of 'International Transactions'Shuchi Ray
The proposed amendment to section 92B(2) of India's Income Tax Act aims to reduce transfer pricing litigation by clarifying the definition of "international transaction". However, it may also increase compliance obligations for companies. Specifically, the amendment states that a transaction between two Indian entities could be deemed an international transaction if there was a prior agreement between an associated enterprise of each company. This could apply even to genuine contractual arrangements between group affiliates pursuant to a global master agreement. While the amendment seeks to reduce litigation, it may lead to more reporting requirements for multinational corporations with complex global contracts that involve Indian subsidiaries.
Paris Agreement next steps: ratification and entry into forceIIED
The document discusses the process for ratification and entry into force of the Paris Agreement. It explains that ratification involves countries formally approving the agreement under their domestic laws. The Agreement will enter into force 30 days after 55 countries accounting for 55% of global emissions have ratified. Several small island nations have completed ratification and many countries may apply the agreement provisionally before its formal entry into force. An early entry into force could allow for implementation of the Agreement and NDCs before 2020.
#How to Draft International Sales Contracts# By SN PanigrahiSN Panigrahi, PMP
#How to Draft International Sales Contracts# By SN Panigrahi,
Essenpee Business Solutions,
International Sales Contract,
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ITC MODEL CONTRACT FOR THE INTERNATIONAL COMMERCIAL SALE OF GOODS
Here we are with the Thirty fifth successive issue of our monthly ‘Missive’.
We trust you will enjoy reading this Missive, even while soaking in the contents. We would very much appreciate your feedback which consistently helps us in improving and upgrading the contents.
Thanks and regards,
Knowledge Management Team
Dear Patron,
Here we are with the Thirty forth successive issue of our monthly ‘Missive’.
We trust you will enjoy reading this Missive, even while soaking in the contents. We would very much appreciate your feedback which consistently helps us in improving and upgrading the contents.
Thanks and regards,
Knowledge Management Team
Dear Patron
Here we are with the Thirty third successive issue of our monthly ‘Missive’.
We trust you will enjoy reading this Missive, even while soaking in the contents. We would very much appreciate your feedback which consistently helps us in improving and upgrading the contents.
Thanks and regards,
Knowledge Management Team
Dear Patron
Here we are with the Thirty second successive issue of our monthly ‘Missive’.
We trust you will enjoy reading this Missive, even while soaking in the contents. We would very much appreciate your feedback which consistently helps us in improving and upgrading the contents.
Thanks and regards,
Knowledge Management Team
The document is the December 2013 issue of the monthly publication "Missive" from the Knowledge Management Team. It provides an index of topics covered in the issue, including Direct Tax, Transfer Pricing, Service Tax, and others. The main article summarizes several important tax court rulings on issues like TDS credit availability, interest liability for non-residents, capital gains tax rates for non-residents, and whether payments for ship charters constitute royalties. It also briefly summarizes other rulings related to transfer pricing documentation and the application of stamp duty valuation rules.
Here we are with the Thirtieth successive issue of our monthly ‘Missive’.
We trust you will enjoy reading this Missive, even while soaking in thecontents. We would very much
appreciate your feedback which consistently helps us in improving and upgrading the contents.
This document provides an overview of domestic transfer pricing provisions in India. It discusses key concepts like specified domestic transactions (SDT), related parties, applicable sections like 40A(2) and 80A, documentation requirements, and penalties. SDT includes transactions between related parties exceeding INR 50 million annually. The scope was expanded based on a Supreme Court case suggesting potential for tax arbitrage with losses or differential tax rates. Documentation like functional analysis and economic analysis is required to demonstrate arm's length pricing of SDTs. Non-compliance can lead to disallowance of expenses or income adjustments along with penalties.
Dear Patron
Here we are with the Twenty Sixth successive issue of our monthly ‘Missive’.
We trust you will enjoy reading this Missive, even while soaking in the contents. We would very much appreciate your feedback which consistently helps us in improving and upgrading the contents.
Thanks and regards,
Knowledge Management Team
S.P.Nagrath & Co.
1. Services provided by lawyers are subject to service tax unless exempt.
2. Individual lawyers and law firm partnerships are exempt from service tax if they provide legal services to other lawyers, individuals, or small businesses with under Rs. 10 lakh turnover.
3. If exempt lawyers provide services to large businesses over Rs. 10 lakh turnover, the business must pay the service tax under reverse charge instead of the lawyer.
The document summarizes key changes to India's service tax laws effective July 1, 2012. Key points include:
1) The service tax rate increased from 10% to 12% and the system shifted from a positive to a negative list.
2) Many services were exempted from tax and new sections were introduced to define taxable services and the place of provision.
3) A reverse charge mechanism was introduced for three specified services and the abatement scheme was modified.
4) Procedural amendments included changes to invoicing rules, cenvat credit, and limitations periods.
The Finance Bill of 2012 extends transfer pricing regulations to domestic transactions between related parties. This subjects taxpayers claiming tax incentives like SEZ benefits or deductions under sections 80IA/IB/IC to recomputation of income based on fair market value of related party transactions over Rs. 5 crore. While this aims to bring objectivity to related party transactions, it significantly increases compliance burden. The changes take effect from April 2013 and apply to AY 2013-14 onwards, impacting many industries with tax benefits or intra-group transactions.
The document provides an overview of India's transfer pricing legislation:
[1] It outlines the substantive provisions, including that transactions between associated enterprises must be computed using the arm's length principle. It defines key terms like international transaction, associated enterprise, and arm's length price.
[2] It also describes the procedural requirements for documentation and specifies penalties for non-compliance.
[3] Timelines for transfer pricing assessments and orders are included, as well as the roles of the Assessing Officer and Transfer Pricing Officer.
Arm’s length price (“ALP”) is nothing but a benchmark or a standard price meant for comparison with price charged or paid by assessee in international transactions with its associated enterprises. Since this standard price constitutes basis for making addition in hands of assessee on account of its international transactions with associated enterprises, legislature, in order to iron out creases, inserted proviso to section 92C(2); role of this proviso is to make such standard price or ALP, flexible and not rigid. It has been provided that if price actually charged or paid by assessee falls within plus/minus 5% range of such ALP or standard price, then no addition should be made.
1. The key amendments in the 2012 Finance Act related to service tax include increasing the service tax rate from 10% to 12% plus a 3% cess, bringing in a negative list approach where only specified services will be taxed, and introducing reverse charge mechanisms for certain services.
2. Under the negative list approach, only services specified in the negative list and exempted list will remain outside the scope of service tax. All other services will be taxable unless specifically exempted.
3. The reverse charge mechanism will apply to certain services provided by individuals/firms to corporate entities, as well as services provided by the government and arbitrators. The recipient of these services will now be liable to pay the service
The document discusses key amendments proposed by the Finance Bill of 2012 relating to transfer pricing provisions in India. Some of the key points covered are:
1. It proposes to insert new sections to provide a framework for Advance Pricing Agreements (APAs) between taxpayers and tax authorities to determine appropriate transfer pricing methodology for transactions over a fixed period.
2. It empowers the tax authority to examine international transactions not reported by the taxpayer, even if not referred by the assessing officer.
3. It extends applicability of transfer pricing regulations to certain domestic transactions between related parties.
4. It discusses provisions related to determination of arm's length prices and application of the most appropriate transfer pricing method.
On 16 March 2012, the Honorable Finance Minister of India presented in the Parliament the country's Finance Bill for 2012-13, containing proposals on direct and indirect taxes, and key policy initiatives.
In this regard, with pleasure we are presenting our annual India Budget publication. The publication summarizes the key changes announced by the Finance Minister in his speech.
Most direct tax proposals in the Finance Bill 2012 are proposed to be effective from the financial year commencing on 1 April 2012 unless specified otherwise and indirect tax proposals are effective immediately, unless specified otherwise
We hope you find it an interesting and informative read.
Team SPN
Generating privacy-protected synthetic data using Secludy and MilvusZilliz
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Have you ever been confused by the myriad of choices offered by AWS for hosting a website or an API?
Lambda, Elastic Beanstalk, Lightsail, Amplify, S3 (and more!) can each host websites + APIs. But which one should we choose?
Which one is cheapest? Which one is fastest? Which one will scale to meet our needs?
Join me in this session as we dive into each AWS hosting service to determine which one is best for your scenario and explain why!
leewayhertz.com-AI in predictive maintenance Use cases technologies benefits ...alexjohnson7307
Predictive maintenance is a proactive approach that anticipates equipment failures before they happen. At the forefront of this innovative strategy is Artificial Intelligence (AI), which brings unprecedented precision and efficiency. AI in predictive maintenance is transforming industries by reducing downtime, minimizing costs, and enhancing productivity.
HCL Notes und Domino Lizenzkostenreduzierung in der Welt von DLAUpanagenda
Webinar Recording: https://www.panagenda.com/webinars/hcl-notes-und-domino-lizenzkostenreduzierung-in-der-welt-von-dlau/
DLAU und die Lizenzen nach dem CCB- und CCX-Modell sind für viele in der HCL-Community seit letztem Jahr ein heißes Thema. Als Notes- oder Domino-Kunde haben Sie vielleicht mit unerwartet hohen Benutzerzahlen und Lizenzgebühren zu kämpfen. Sie fragen sich vielleicht, wie diese neue Art der Lizenzierung funktioniert und welchen Nutzen sie Ihnen bringt. Vor allem wollen Sie sicherlich Ihr Budget einhalten und Kosten sparen, wo immer möglich. Das verstehen wir und wir möchten Ihnen dabei helfen!
Wir erklären Ihnen, wie Sie häufige Konfigurationsprobleme lösen können, die dazu führen können, dass mehr Benutzer gezählt werden als nötig, und wie Sie überflüssige oder ungenutzte Konten identifizieren und entfernen können, um Geld zu sparen. Es gibt auch einige Ansätze, die zu unnötigen Ausgaben führen können, z. B. wenn ein Personendokument anstelle eines Mail-Ins für geteilte Mailboxen verwendet wird. Wir zeigen Ihnen solche Fälle und deren Lösungen. Und natürlich erklären wir Ihnen das neue Lizenzmodell.
Nehmen Sie an diesem Webinar teil, bei dem HCL-Ambassador Marc Thomas und Gastredner Franz Walder Ihnen diese neue Welt näherbringen. Es vermittelt Ihnen die Tools und das Know-how, um den Überblick zu bewahren. Sie werden in der Lage sein, Ihre Kosten durch eine optimierte Domino-Konfiguration zu reduzieren und auch in Zukunft gering zu halten.
Diese Themen werden behandelt
- Reduzierung der Lizenzkosten durch Auffinden und Beheben von Fehlkonfigurationen und überflüssigen Konten
- Wie funktionieren CCB- und CCX-Lizenzen wirklich?
- Verstehen des DLAU-Tools und wie man es am besten nutzt
- Tipps für häufige Problembereiche, wie z. B. Team-Postfächer, Funktions-/Testbenutzer usw.
- Praxisbeispiele und Best Practices zum sofortigen Umsetzen
In the rapidly evolving landscape of technologies, XML continues to play a vital role in structuring, storing, and transporting data across diverse systems. The recent advancements in artificial intelligence (AI) present new methodologies for enhancing XML development workflows, introducing efficiency, automation, and intelligent capabilities. This presentation will outline the scope and perspective of utilizing AI in XML development. The potential benefits and the possible pitfalls will be highlighted, providing a balanced view of the subject.
We will explore the capabilities of AI in understanding XML markup languages and autonomously creating structured XML content. Additionally, we will examine the capacity of AI to enrich plain text with appropriate XML markup. Practical examples and methodological guidelines will be provided to elucidate how AI can be effectively prompted to interpret and generate accurate XML markup.
Further emphasis will be placed on the role of AI in developing XSLT, or schemas such as XSD and Schematron. We will address the techniques and strategies adopted to create prompts for generating code, explaining code, or refactoring the code, and the results achieved.
The discussion will extend to how AI can be used to transform XML content. In particular, the focus will be on the use of AI XPath extension functions in XSLT, Schematron, Schematron Quick Fixes, or for XML content refactoring.
The presentation aims to deliver a comprehensive overview of AI usage in XML development, providing attendees with the necessary knowledge to make informed decisions. Whether you’re at the early stages of adopting AI or considering integrating it in advanced XML development, this presentation will cover all levels of expertise.
By highlighting the potential advantages and challenges of integrating AI with XML development tools and languages, the presentation seeks to inspire thoughtful conversation around the future of XML development. We’ll not only delve into the technical aspects of AI-powered XML development but also discuss practical implications and possible future directions.
GraphRAG for Life Science to increase LLM accuracyTomaz Bratanic
GraphRAG for life science domain, where you retriever information from biomedical knowledge graphs using LLMs to increase the accuracy and performance of generated answers
Let's Integrate MuleSoft RPA, COMPOSER, APM with AWS IDP along with Slackshyamraj55
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Salesforce Integration for Bonterra Impact Management (fka Social Solutions A...Jeffrey Haguewood
Sidekick Solutions uses Bonterra Impact Management (fka Social Solutions Apricot) and automation solutions to integrate data for business workflows.
We believe integration and automation are essential to user experience and the promise of efficient work through technology. Automation is the critical ingredient to realizing that full vision. We develop integration products and services for Bonterra Case Management software to support the deployment of automations for a variety of use cases.
This video focuses on integration of Salesforce with Bonterra Impact Management.
Interested in deploying an integration with Salesforce for Bonterra Impact Management? Contact us at sales@sidekicksolutionsllc.com to discuss next steps.
Dive into the realm of operating systems (OS) with Pravash Chandra Das, a seasoned Digital Forensic Analyst, as your guide. 🚀 This comprehensive presentation illuminates the core concepts, types, and evolution of OS, essential for understanding modern computing landscapes.
Beginning with the foundational definition, Das clarifies the pivotal role of OS as system software orchestrating hardware resources, software applications, and user interactions. Through succinct descriptions, he delineates the diverse types of OS, from single-user, single-task environments like early MS-DOS iterations, to multi-user, multi-tasking systems exemplified by modern Linux distributions.
Crucial components like the kernel and shell are dissected, highlighting their indispensable functions in resource management and user interface interaction. Das elucidates how the kernel acts as the central nervous system, orchestrating process scheduling, memory allocation, and device management. Meanwhile, the shell serves as the gateway for user commands, bridging the gap between human input and machine execution. 💻
The narrative then shifts to a captivating exploration of prominent desktop OSs, Windows, macOS, and Linux. Windows, with its globally ubiquitous presence and user-friendly interface, emerges as a cornerstone in personal computing history. macOS, lauded for its sleek design and seamless integration with Apple's ecosystem, stands as a beacon of stability and creativity. Linux, an open-source marvel, offers unparalleled flexibility and security, revolutionizing the computing landscape. 🖥️
Moving to the realm of mobile devices, Das unravels the dominance of Android and iOS. Android's open-source ethos fosters a vibrant ecosystem of customization and innovation, while iOS boasts a seamless user experience and robust security infrastructure. Meanwhile, discontinued platforms like Symbian and Palm OS evoke nostalgia for their pioneering roles in the smartphone revolution.
The journey concludes with a reflection on the ever-evolving landscape of OS, underscored by the emergence of real-time operating systems (RTOS) and the persistent quest for innovation and efficiency. As technology continues to shape our world, understanding the foundations and evolution of operating systems remains paramount. Join Pravash Chandra Das on this illuminating journey through the heart of computing. 🌟
Introduction of Cybersecurity with OSS at Code Europe 2024Hiroshi SHIBATA
I develop the Ruby programming language, RubyGems, and Bundler, which are package managers for Ruby. Today, I will introduce how to enhance the security of your application using open-source software (OSS) examples from Ruby and RubyGems.
The first topic is CVE (Common Vulnerabilities and Exposures). I have published CVEs many times. But what exactly is a CVE? I'll provide a basic understanding of CVEs and explain how to detect and handle vulnerabilities in OSS.
Next, let's discuss package managers. Package managers play a critical role in the OSS ecosystem. I'll explain how to manage library dependencies in your application.
I'll share insights into how the Ruby and RubyGems core team works to keep our ecosystem safe. By the end of this talk, you'll have a better understanding of how to safeguard your code.
HCL Notes and Domino License Cost Reduction in the World of DLAUpanagenda
Webinar Recording: https://www.panagenda.com/webinars/hcl-notes-and-domino-license-cost-reduction-in-the-world-of-dlau/
The introduction of DLAU and the CCB & CCX licensing model caused quite a stir in the HCL community. As a Notes and Domino customer, you may have faced challenges with unexpected user counts and license costs. You probably have questions on how this new licensing approach works and how to benefit from it. Most importantly, you likely have budget constraints and want to save money where possible. Don’t worry, we can help with all of this!
We’ll show you how to fix common misconfigurations that cause higher-than-expected user counts, and how to identify accounts which you can deactivate to save money. There are also frequent patterns that can cause unnecessary cost, like using a person document instead of a mail-in for shared mailboxes. We’ll provide examples and solutions for those as well. And naturally we’ll explain the new licensing model.
Join HCL Ambassador Marc Thomas in this webinar with a special guest appearance from Franz Walder. It will give you the tools and know-how to stay on top of what is going on with Domino licensing. You will be able lower your cost through an optimized configuration and keep it low going forward.
These topics will be covered
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- Practical examples and best practices to implement right away
Driving Business Innovation: Latest Generative AI Advancements & Success StorySafe Software
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During the hour, we’ll take you through:
Guest Speaker Segment with Hannah Barrington: Dive into the world of dynamic real estate marketing with Hannah, the Marketing Manager at Workspace Group. Hear firsthand how their team generates engaging descriptions for thousands of office units by integrating diverse data sources—from PDF floorplans to web pages—using FME transformers, like OpenAIVisionConnector and AnthropicVisionConnector. This use case will show you how GenAI can streamline content creation for marketing across the board.
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In 2024, we are witnessing an explosion of new DeFi projects and protocols, each pushing the boundaries of what’s possible in finance.
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Ready to take your DeFi project to the next level? Partner with Intelisync for expert DeFi development services today!
This presentation provides valuable insights into effective cost-saving techniques on AWS. Learn how to optimize your AWS resources by rightsizing, increasing elasticity, picking the right storage class, and choosing the best pricing model. Additionally, discover essential governance mechanisms to ensure continuous cost efficiency. Whether you are new to AWS or an experienced user, this presentation provides clear and practical tips to help you reduce your cloud costs and get the most out of your budget.
2. Advance Pricing Agreement (“APA”) Person eligible to apply
The Advance Pricing Agreement is an arrangment between the Taxpayer and the Any person who –
Tax Authority covering the future transactions,with a view to solve the potential
(i) has undertaken an international transaction; or
transfer pricing disputes in a cooperative manner.The Finace Act 2012
(ii) is contemplating to undertake an international transaction,
introduced provisions to enable Advance Pricing Agreements in the Indian tax
st
law with effect from 1 July 2012.On 31 August,2012 the Central Board of Direct
Definations/ Expression used in the document:
Tax isseud a notification introducing the rule for implementing APA.
competent authority in India” means an officer authorised by the Central
The rule enable a Taxpayer to file an application for a unilateral,bilateral or a
Government for the purpose of discharging the functions as such for matters in
multilateral APA.This is a welcome step since a unilateral APA may not be able to
respect of any agreement entered into under section 90 or 90A of the Act;
assure relief from double taxation to the Multinational Enterprises. The
government has shown an inclination towards bilateral APAs by questioning the “team” means advance pricing agreement team consisting of income-tax
Taxpayers on the reasons for filling a unilateral APA application where Double authorities as constituted by the Board and including such number of experts in
Taxation Avoidance Agreement exists.However, in case the bilaterial APA as economics, statistics, law or any other field as may be nominated by the Director
decided by the Competant Authorities is not acceptable to the Tax payer,the General of Income Tax (International Taxation);
Taxpayer may at its option continue with process of entering into a unilaterial
“bilateral agreement” means an agreement between the Board and the applicant,
APA without benefit of mutual agreement process.
subsequent to, and based on, any agreement referred to in rule 44 GA between
The Rules contain procedure for APA applications, information, data, and forms the competent authority in India with the competent authority in the other
that need to be filled,circumstances under which the board discontinue an APA country regarding the most appropriate transfer pricing method or the arms‟
and compliance procedures for monitoring a concluded APA. length price;
“multilateral agreement” means an agreement between the Board and the
applicant, subsequent to, and based on, any agreement referred to in rule 44GA
between the competent authority in India with the competent authorities in the
3. other countries regarding the most appropriate transfer pricing method or the
arms‟ length price; The pre-filing consultation shall–
“unilateral agreement” means an agreement between the Board and the
(i) not bind the Board or the person to enter into an agreement or initiate
applicant which is neither a bilateral nor multilateral agreement.
the agreement process;
Pre-filing Consultation
(ii) not be deemed to mean that the person has applied for entering into an
Every person proposing to enter into an agreement under these rules shall, agreement.
by an application in writing, make a request for a pre-filing consultation to
the Director General of Income Tax (International Taxation). Application for APA
On receipt of the request , the team shall hold pre-filing consultation with the After the pre-filing meeting,if the Taxpayer is desirous of applying for the APA, an
person referred to in rule. application would be required to be made in specified form.For continuing
st
transaction ,the APA can be applied for the period starting from 1 April,2013
The Competent Authority in India or his representative shall be associated in and for the proposed transaction,the APA can be applied at any time before
pre-filing consultation involving bilateral or multilateral agreement. undertaking the actual transaction.
Apart from the basic details, the Taxpayer would be required to provide the
The pre-filing consultation shall, among other things,-
details in respect of the international transactions to be covered,type of the APA
(i) etermine the scope of the agreement;
applied for,reason for not applying for bilaterial/multinateral APA,proposed
transfer pricing methodology,detailed functional analyses,standalone and
(ii) identify transfer pricing issues;
consolidated financial statement for prior five years,etc.
(iii) determine the suitability of international transaction for the agreement; The fees payable shall be in accordance with following table based on the
amount of international transaction entered into or proposed to be undertaken
(iv) discuss broad terms of the agreement. in respect of which the agreement is proposed:
4. • Proposed terms and conditions, and critical assumptions, for an APA
Amount of international transaction Fee including analysis of potential influence of the proposed transfer pricing
entered into or proposed to be method/ APA terms and conditions on prior years’ operation and existing tax
undertaken in respect of which liabilities of the parties to the transaction
agreement is proposed during the
proposed period of agreement.
Withdrawal of application for agreement
Amount not exceeding Rs. 100 crores 10 lacs
The applicant may withdraw the application for agreement at any time
Amount not exceeding Rs. 200 crores 15 lacs before the finalisation of the terms of the agreement.
Amount exceeding Rs. 200 crores 20 lacs The application for withdrawal shall be in Form No. 3CEE.
The fee paid shall not be refunded on withdrawal of application by the
applicant.
What documents/information are required to be provided?
Defective application
The prescribed forms for the pre-filing consultation and the application for an
APA contain an exhaustive list of information that needs to be provided to the If there is any defect in the application,the Taxpayer shall be served a deficiency
APA Authority. Broadly, the information can be characterized as follows: letter within one month from the date of receipt of application.The Taxpayer
shall be provided a time of fifteen days( extendable to thirty days) would be
• Details of the international transactions proposed to be covered in the APA. rejected,in which case the filling fee shall be refunded to the taxpayer.
• Functional analysis of the Applicant and all the relevant entities with respect
to the covered transactions including a description of the business strategies
– current and future including strategies relating to R&D, production and
marketing, budget statements, projections and business plans for the future
period covered by the proposed APA, general business and industry trends.
• Choice of the transfer pricing method
5. Procedure The agreement shall be entered into by the Board with the applicant after
its approval by the Central Government. Once an agreement has been
The APA Authority after verification of the application may either decide to entered into the DGIT (International Taxation) or the Competent Authority
proceed with the application or require the applicant to correct the in India, as the case may be, shall cause a copy of the agreement to be sent
deficiencies. to the CIT having jurisdiction over the assessee.
The team shall process the application by way of consultation and discussion
with the applicant,by holding meetings with the applicant on such time and Terms of the APA
date as it deem fit; call for additional document or information or material
from the applicant;visit the applicant’s business premises; or make such An agreement may among other things, include:
inquiries as it deems fit in the circumstances of the case. • the international transactions covered by the APA
• the agreed transfer pricing methodology, if any
For bilateral or multilateral agreement, the authority shall forward the
• determination of arm’s length price, if any
application to DGIT(International Taxation) who shall assign it to one of the
• definition of any relevant term
teams. However, the APA agreement shall not be initiated unless the
• critical assumptions
associated enterprise situated outside India has initiated the process of an
Any other conditions, as may be required
APA with the CA in the other country.
Compliance post APA
That team shall carry out the enquiry and prepare a draft report. The DGIT
The Taxpayer shall be required to file an Annual Complaince Report (ACR) to the
(International Taxation) (for unilateral agreement) or the Competent
DGIT within 30 days of filing the return of income or 90days of entering into
Authority in India (for bilateral or multilateral agreement) and the Applicant
APA,whichever is later.In the ACR, apart from the basic details,the Taxpayer shall
shall prepare a proposed mutually agreed draft agreement in terms of the
provide information such as detail of changes in the business model ,changes in
international transactions covered, the agreed methodology,determination
functional or risk profile,change in critical assumption vis-à-vis those agreed in
of arm’s length price and critical assumptions for the agreement.
the APA.The TPO shall conduct the complainece audit based on the details
provided in ACR to ensure that the terms as agreed in the APA have been met by
6. the Taxpayer.The TPO shall furnish its report within six months from the end of Renewing an agreement
the month in which the ACR was submitted,to the DGIT/Competent authority.
Request for renewal of an agreement may be made as a new application for
agreement, using the same procedure as outlined in these rules except pre filing
Revision, cancellation and renewal of an APA
consultation.
An APA can be revised or cancelled under any of the following circumstances:
• There is a change in any of critical assumptions or failure to meet conditions
subject to which the agreement has been entered into.
• There is a change in the law that modifies any matter covered by the
agreement.
• There is a request from the CA in the other country for revision of the APA, in
the case of a bilateral or multilateral APA.
• an APA may be cancelled where the Taxpayer has failed to file the ACR in
time, or the ACR has material errors or the Taxpayer is not in agreement with
Contact details:
the proposed revision to an APA.
S.P.Nagrath & Co.,
• An APA may be revised or cancelled by the Board either suo moto after
A-380 , Defence colony , New Delhi -110024
providing an opportunity of being heard to the taxpayer or on request of the
taxpayer. Email - nandita@spnagrath.com
• A request for renewal of an APA may be made by the taxpayer using the
same procedure as outlined above except pre-filing consultation.