Suspension of tax collection during mutual agreement procedure allows abeyance upon bank guarantee pending MAP resolution On confirmation of MAP pendency by the Foreign Tax & Tax Research Division and receipt of the prescribed bank guarantee in model form, the Assessing Officer shall keep enforcement of collection of outstanding taxes, including related interest and penalties, in abeyance for the assessment years subject to MAP. The bank guarantee is treated as sufficient arrangement to permit this discretion and remains effective until MAP is resolved; if no resolution is possible or the taxpayer fails to accept or pay amounts determined under MAP, the guarantee may be invoked after consultation with the Indian Competent Authority.
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Provisions expressly mentioned in the judgment/order text.
Suspension of tax collection during mutual agreement procedure allows abeyance upon bank guarantee pending MAP resolution
On confirmation of MAP pendency by the Foreign Tax & Tax Research Division and receipt of the prescribed bank guarantee in model form, the Assessing Officer shall keep enforcement of collection of outstanding taxes, including related interest and penalties, in abeyance for the assessment years subject to MAP. The bank guarantee is treated as sufficient arrangement to permit this discretion and remains effective until MAP is resolved; if no resolution is possible or the taxpayer fails to accept or pay amounts determined under MAP, the guarantee may be invoked after consultation with the Indian Competent Authority.
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