Advance Pricing Agreement negotiation: competent authorities may formalize MAP settlements or permit unilateral APA conversion when talks fail. Negotiation under bilateral or multilateral APA begins after the draft Indian position paper; the competent authority may deviate from that draft, seek further information, and consult the applicant. On successful MAP negotiation authorities formalize an arrangement; the applicant must indicate acceptance within the stipulated period. Following acceptance, a mutually agreed draft is prepared and the Board enters the APA after governmental approval, signed by the person competent to sign the taxpayer's return, with a copy sent to the jurisdictional Commissioner. If MAP fails, the applicant may convert to a unilateral APA without extra fee and the competent authority forwards non confidential materials for unilateral APA consideration.
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.
Advance Pricing Agreement negotiation: competent authorities may formalize MAP settlements or permit unilateral APA conversion when talks fail.
Negotiation under bilateral or multilateral APA begins after the draft Indian position paper; the competent authority may deviate from that draft, seek further information, and consult the applicant. On successful MAP negotiation authorities formalize an arrangement; the applicant must indicate acceptance within the stipulated period. Following acceptance, a mutually agreed draft is prepared and the Board enters the APA after governmental approval, signed by the person competent to sign the taxpayer's return, with a copy sent to the jurisdictional Commissioner. If MAP fails, the applicant may convert to a unilateral APA without extra fee and the competent authority forwards non confidential materials for unilateral APA consideration.
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