Advance Pricing Agreement Rollback Mechanism

Section 92CC of the Act provides for an Advance Agreement (APA). It authorizes the Central Board of Direct Taxes to enter into an APA with a person, with the agreement of the central government, to determine the subcontracting price (ALP) or determine how ALP is to be determined with respect to an international transaction to be entered into by the person. The concluded contract is valid for a period not exceeding 5 previous years, as indicated in the agreement. Once the agreement is concluded, the PLA would determine the international transaction that is the subject of the APA in accordance with such an ABS. Section 92CC of the Income Tax Act 1961 authorizes the Central Board of Direct Taxes ("CBDT”) to enter into an advance pricing agreement ("APA”) with each person. The APA is essentially a contract between a taxable person and the tax authorities that sets out in advance the method of determining the subcontracting price ("ALP”) or determines how the ALP is to be determined for transactions between a subsidiary and its foreign parent company. The agreement concluded is valid for a period not exceeding 5 (five) consecutive financial years, as set out in the agreement. The inclusion of return rules in the APA program in India is an attempt to align with global best practices and a positive attempt to settle ongoing disputes and give taxpayers a guarantee for at least 9 years. For the success of the rollback program, it would be important, at this stage, for the CBDT to facilitate the practical implementation of the rules. The withdrawal is not applicable even if the application of the withdrawal results in a decrease in the total income or an increase in the loss of the applicant, as indicated in the restitution of the applicant`s income. . .


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