TaxTMI 
TaxTMI 
Income-tax (Third Amendment) Rules, 2015.
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..... (2). They shall come into force on the date of their publication in the Official Gazette. 2. In the Income-tax Rules, 1962 (hereafter referred to as the principal rules), - (a) in rule 10 F,- (i) after clause (b), the following clause shall be inserted, namely :- "(ba) "applicant" means a person who has made an application;"; (ii) after clause (h), the following clause shall be inserted, namely :- "(ha) "rollback year" means any previous year, falling within the period not exceeding four previous years, preceding the first of the previous years referred to in sub-section (4) of section 92CC;"; (b) in rule10 H, in sub-rule (1),- (i) for the word "Every" the word "Any" shall be substituted; (ii) for the word "shall" the word "may....
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....ction 92E; (iv) the applicability of rollback provision, in respect of an international transaction, has been requested by the applicant for all the rollback years in which the said international transaction has been undertaken by the applicant; and (v) the applicant has made an application seeking rollback in Form 3CEDA in accordance with sub-rule (5); (3) Notwithstanding anything contained in sub-rule (2), rollback provision shall not be provided in respect of an international transaction for a rollback year, if,- (i) the determination of arm's length price of the said international transaction for the said year has been subject matter of an appeal before the Appellate Tribunal and the Appellate Tribunal has passed an order disposing ....
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....ontained in rule 10 Q, the agreement may be revised to provide for rollback provision in the said agreement in accordance with this rule."; (g) in rule 10 R, in sub-rule (1), in clause (iv), after the words, brackets, figures and letter "under sub-rule (4) of rule 10Q", the words, brackets, figures and letters "or sub-rule (7) of rule 10 RA" shall be inserted; (h) after rule 10 R, the following rule shall be inserted, namely:- "Procedure for giving effect to rollback provision of an Agreement. 10 RA.(1) The effect to the rollback provisions of an agreement shall be given in accordance with this rule. (2) The applicant shall furnish modified return of income referred to in section 92CD in respect of a rollback year to which the agreeme....
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.... may be, the fact of an agreement containing rollback provision having been entered into along with a copy of the same as soon as it is practicable to do so. (7) In case effect cannot be given to the rollback provision of an agreement in accordance with this rule, for any rollback year to which it applies, on account of failure on the part of applicant, the agreement shall be cancelled."; (i) in Appendix-II of the principal rules,- (A) in Form No. 3CEC, in item 10, after the words, "Number of years for which APA is proposed to be applied", the words "including the rollback years" shall be inserted; (B) in Form No. 3CED, in item 5, after sub-item (e), the following shall be inserted, namely:- "f. whether any rollback request is being ma....
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....ether the international transaction(s) is the same as that in respect of which APA request is being made in Form 3CED by the applicant: 6. Particulars of additional Fee paid by the applicant: Amount in Rs. Challan No: Dated: 7. The details of previous years for which rollback is being sought: 8. Has the same international transaction been undertaken in any other year for which rollback is permissible but the same is not being requested for. If yes, the reasons for the same be provided: 9. Period of APA proposed along with the date from which APA is sought to be made applicable in the application in Form 3CED: 10. Whether return of income for all the previous years mentioned in 7 above have been furnished on or before the due date: ....