TaxTMI 
TaxTMI 
Definitions for safe harbour rules for international transactions
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.... is a member or partner in any entity engaged in rendering accountancy or valuation services then, the annual receipt of the entity in the year preceding the year in which cost certification is undertaken exceeds three crore rupees; (ii) includes any person recognised for undertaking cost certification by the government of the country, where the associated enterprise is registered or incorporated or any of its agencies, who fulfils the following conditions:- (A) the condition referred to in clause (a)(i)(A) and (B); and (B) if he is a member or partner in any entity engaged in rendering accountancy or valuation services then, the entity or its affiliates have presence in more than two countries; (b) "contract r....
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....d parts and power train components; or (ii) transmission and steering parts, including gears, wheels, steering systems, axles and clutches; or (iii) suspension and braking parts, including brake and brake assemblies, brake linings, shock absorbers and leaf springs; or (iv) lithium-ion batteries for use in electric or hybrid electric vehicles; (d) "corporate guarantee" means explicit corporate guarantee extended by a company to its wholly owned subsidiary being a non-resident in respect of any short-term or long-term borrowing, but does not include letter of comfort, implicit corporate guarantee, performance guarantee or any other guarantee of similar nature; (e) "data centre" means a dedicated secure space w....
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.... (x) revenue accounting; or (xi) support centres; or (xii) website services; or (xiii) data search integration and analysis; or (xiv) remote education excluding education content development; or (xv) clinical database management services excluding clinical trials, but does not include any research and development services whether or not in the nature of contract research and development services. (i) "intra-group loan" means loan advanced to an associated enterprise being a non-resident, where the loan - (i) is not advanced by an enterprise, being a financial company including a bank or a financial institution or an enterprise engaged in lending or borrowing in the n....
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.... neither require the use of unique and valuable intangibles nor lead to the creation of unique and valuable intangibles; (v) neither involve the assumption or control of significant risk by the service provider nor give rise to the creation of significant risk for the service provider; and (vi) do not have reliable external comparable services that can be used for determining their arm's length price, but does not include the following services:- (A) research and development services; (B) manufacturing and production services; (C) information technology (software development) services; (D) knowledge process outsourcing services; (E) business process outsourcing services; ....
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....abilities; (C) pre-operating expenses; (D) loss arising on account of foreign currency fluctuations; (E) extraordinary expenses; (F) loss on transfer of assets or investments other than assets, on which depreciation is included in the operating expense; (G) expense on account of income-tax; and (H) other expenses not relating to normal operations of the assessee; (o) "operating revenue" means the revenue earned by the assessee in the tax year in relation to the international transaction during the course of its normal operations including costs relating to Employee Stock Option Plan or similar stock-based compensation provided for by the associated enterprises of the assessee to the e....