Rollback provisions in APAs permit adjusting arm's length price for prior years when specified eligibility and filing conditions are met. APAs may include a rollback provision to determine the arm's length price for prior years (subject to conditions): the international transaction must be identical to that in the APA, the return for the rollback year must have been timely filed, the section 92E report furnished, rollback must be sought for all applicable rollback years, and Form 3CEDA with the additional fee must be filed. Rollback is inapplicable if the year's ALP determination was finally subject to an appellate tribunal order before signing the APA or if rollback would reduce declared income or increase declared loss. The method for determining ALP in rollback years must match that agreed for other 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.
Rollback provisions in APAs permit adjusting arm's length price for prior years when specified eligibility and filing conditions are met.
APAs may include a rollback provision to determine the arm's length price for prior years (subject to conditions): the international transaction must be identical to that in the APA, the return for the rollback year must have been timely filed, the section 92E report furnished, rollback must be sought for all applicable rollback years, and Form 3CEDA with the additional fee must be filed. Rollback is inapplicable if the year's ALP determination was finally subject to an appellate tribunal order before signing the APA or if rollback would reduce declared income or increase declared loss. The method for determining ALP in rollback years must match that agreed for other years.
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