Rollback provisions of Advance Pricing Agreement require matching transactions and may forfeit the APA if procedural conditions fail. Clarifications define eligibility and procedure for rollback under the APA scheme: returns under section 139(5) qualify but 139(4) returns do not; rollback applies only where the rollback-year transaction is the same in nature and counterparties as that covered by the APA and FAR does not materially differ; applicants must apply for all years in the block unless the transaction did not exist or disqualification exists; final ITAT disposal or concluded MAP for a year precludes rollback for that transaction/year; ALP may vary across years though the manner of determination must remain the same; failure by the applicant to comply with rollback procedural requirements results in cancellation of the entire agreement.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Rollback provisions of Advance Pricing Agreement require matching transactions and may forfeit the APA if procedural conditions fail.
Clarifications define eligibility and procedure for rollback under the APA scheme: returns under section 139(5) qualify but 139(4) returns do not; rollback applies only where the rollback-year transaction is the same in nature and counterparties as that covered by the APA and FAR does not materially differ; applicants must apply for all years in the block unless the transaction did not exist or disqualification exists; final ITAT disposal or concluded MAP for a year precludes rollback for that transaction/year; ALP may vary across years though the manner of determination must remain the same; failure by the applicant to comply with rollback procedural requirements results in cancellation of the entire agreement.
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