TMI BlogIncome-tax (Third Amendment) Rules, 2015.X X X X Extracts X X X X X X X X Extracts X X X X ..... e rules may be called the Income-tax (Third Amendment) Rules, 2015. (2). They shall come into force on the date of their publication in the Official Gazette. 2. In the Income-tax Rules, 1962 (hereafter referred to as the principal rules), - (a) in rule 10 F ,- (i) after clause (b), the following clause shall be inserted, namely :- (ba) applicant means a person who has made an application; ; (ii) after clause (h), the following clause shall be inserted, namely :- (ha) rollback year means any previous year, falling within the period not exceeding four previous years, preceding the first of the previous years referred to in sub-section (4) of section 92CC; ; (b) in rule10 H , in sub-rule (1),- (i) for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section (1) of section 139; (iii) the report in respect of the international transaction had been furnished in accordance with section 92E ; (iv) the applicability of rollback provision, in respect of an international transaction, has been requested by the applicant for all the rollback years in which the said international transaction has been undertaken by the applicant; and (v) the applicant has made an application seeking rollback in Form 3CEDA in accordance with sub-rule (5); (3) Notwithstanding anything contained in sub-rule (2), rollback provision shall not be provided in respect of an international transaction for a rollback year, if,- (i) the determination of arm s length price of the said international transaction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 3CEDA along with proof of payment of additional fee may be filed at any time on or before the 31st day of March, 2015 and, notwithstanding anything contained in rule 10 Q , the agreement may be revised to provide for rollback provision in the said agreement in accordance with this rule. ; (g) in rule 10 R , in sub-rule (1), in clause (iv), after the words, brackets, figures and letter under sub-rule (4) of rule 10Q , the words, brackets, figures and letters or sub-rule (7) of rule 10 RA shall be inserted; (h) after rule 10 R , the following rule shall be inserted, namely:- Procedure for giving effect to rollback provision of an Agreement . 10 RA.(1) The effect to the rollback provisions of an agreement shall be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ficer or the Principal Commissioner or the Commissioner, shall inform the Dispute Resolution Panel or the Commissioner (Appeals) or the Appellate Tribunal or the High Court, as the case may be, the fact of an agreement containing rollback provision having been entered into along with a copy of the same as soon as it is practicable to do so. (7) In case effect cannot be given to the rollback provision of an agreement in accordance with this rule, for any rollback year to which it applies, on account of failure on the part of applicant, the agreement shall be cancelled. ; (i) in Appendix-II of the principal rules,- (A) in Form No. 3CEC , in item 10, after the words, Number of years for which APA is proposed to be applied , the word ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Date of pre-filing meeting(s) with the APA Team: 3. Whether application in Form 3CED is being filed simultaneously: 4. Details of international transaction(s) including Name(s) of the Associated Enterprises in respect of which rollback is requested for: 5. Whether the international transaction(s) is the same as that in respect of which APA request is being made in Form 3CED by the applicant: 6. Particulars of additional Fee paid by the applicant: Amount in Rs. Challan No: Dated: 7. The details of previous years for which rollback is being sought: 8. Has the same international transaction been undertaken in any other year for which rollback is permissible but the same is not being requested for. If yes, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e enclosures may be used for the purpose. These enclosures should be signed by the person authorised to sign the application in Form 3CED . 3. The Form shall be accompanied with proof of having paid fee of five lakh rupees. This fee is in addition to any fee payable along with Form 3CED. 4. The application shall be accompanied by all the relevant documents. . [F.No.142 /14/2014-TPL] (Amit Katoch) Under Secretary (Tax Policy and Legislation-I) Note. - The principal rules were published vide notification No. S.O.969 (E), dated the 26th March, 1962 and last amended by Income-tax (Second Amendment) Rules, 2015 vide notification number S.O. 350 (E), dated 04-02-2015. - Notification Tax Management India - taxma ..... X X X X Extracts X X X X X X X X Extracts X X X X
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