Form 3CED Amended by CBDT: Application for Advance Pricing Agreement (APA)

CBDT Notifies Income-tax (16th Amendment) Rules, 2017; Amendments / Revision in Form 3CED relating to Application for Advance Pricing Agreement (APA)

The CBDT has notified amendments to Form 3CED relating to Application for Advance Pricing Agreement (APA) thru Income-tax (16th Amendment) Rules, 2017, whereby additional particulars (i.e. TIN, etc.) have been required in respect of Associated Enterprise (AE)/ Parent Company, as under:

Amendments to Form 3CED (Application for APA): CBDT Notification No. 53/2017 dt. 16 June 2017 

S.O. 1927(E).—In exercise of the powers conferred by section 295 read with sub-section (9) of section 92CC of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:-

1. (1) These rules may be called the Income-tax (16th Amendment) Rules, 2017. (2) They shall come into force from the date of their publication in the Official Gazette.

2. In the Income-tax Rules, 1962, in Appendix II, in Form No. 3CED, under sub-heading “General”,-

(i) for item 3, following item shall be substituted, namely:-

“3. Particular(s) of the Associated Enterprises with whom the APA is requested for:
a. Name(s) of the Associated Enterprise(s):
b. Name(s) of the country(ies) in which the associated enterprises mentioned in clause(a) are located:
c.  Taxpayer Registration Number/ Taxpayer Identification Number/ Functional equivalent/ Any unique number used for identification of the Associated  Enterprise by the Government of that country/ specified territory in which the Associated Enterprise claims to be located:”;

(ii) for item 4, the following item shall be substituted, namely:-

“4. Particulars of the Parent Company(ies) of the applicant:
a. Name of Immediate parent company of applicant:
b. Address of Immediate parent company of applicant:
c. Country of residence of Immediate parent company of applicant:
d. Taxpayer Registration Number/ Taxpayer Identification Number/ Functional equivalent/ Any unique number used for identification of the Immediate parent company by the Government of that country/ specified territory of which it claims to be a resident:
e. Name of Ultimate parent company of applicant:
f. Address of Ultimate parent company of applicant:
g. Country of residence of Ultimate parent company of applicant:
h. Taxpayer Registration Number/ Taxpayer Identification Number/ Functional equivalent/ Any unique number used for identification of the Ultimate parent company by the Government of that country/ specified territory of which it claims to be a resident:”;

Note : The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section-3, Subsection (ii) vide number S.O. 969 (E) dated the 26th March, 1962 and were last amended vide notification number G.S.R. 590(E), dated the 15th June, 2017.

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