Manner of determination of fair market value and reporting requirement for Indian concern-Indirect transfer provisions-section 9(1) of the Income-tax Act, 1961-Draft Rule
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Fair market value determination for indirect transfers requires prescribed valuation and reporting by Indian concerns, triggering disclosure and certification. The draft rules prescribe computation of fair market value of Indian and global assets for indirect transfer provisions using observable market prices or valuation reports by merchant bankers/accountants with internationally accepted methodologies, add back liabilities, and require exchange conversion at telegraphic transfer buying rates. An apportionment formula attributes transfer income to Indian assets by the ratio of FMV of Indian assets to total FMV; failure to furnish necessary information results in full attribution to Indian assets. Transferors must furnish a certified apportionment report (Form 3CT) and Indian concerns must file detailed information electronically in Form 49D and retain supporting records for eight years.
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.
Fair market value determination for indirect transfers requires prescribed valuation and reporting by Indian concerns, triggering disclosure and certification.
The draft rules prescribe computation of fair market value of Indian and global assets for indirect transfer provisions using observable market prices or valuation reports by merchant bankers/accountants with internationally accepted methodologies, add back liabilities, and require exchange conversion at telegraphic transfer buying rates. An apportionment formula attributes transfer income to Indian assets by the ratio of FMV of Indian assets to total FMV; failure to furnish necessary information results in full attribution to Indian assets. Transferors must furnish a certified apportionment report (Form 3CT) and Indian concerns must file detailed information electronically in Form 49D and retain supporting records for eight years.
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