Form 3CEF, Download Income Tax Form 3CEF in PDF Format

FORM NO. 3CEF for Annual Compliance Report on Advance Pricing Agreement. FORM NO. 3CEF is relevant to Annual Compliance Report on Advance Pricing Agreement and including the accompanying documents the facts presented within this report. The assessee shall furnish an annual compliance report to Director General of Income-tax (International Taxation) for each year covered in the agreement. The annual compliance report shall be furnished in quadruplicate, for each of the years covered in the agreement, within thirty days of the due date of filing the income-tax return for that year, or within ninety days of entering into an agreement, whichever is later. The Director General of Income-tax (International Taxation) shall send one copy of annual compliance report to the competent authority in India, one copy to the Commissioner of Income-tax who has the jurisdiction over the income-tax assessment of the assessee and one copy to the Transfer Pricing Officer having the jurisdiction over the assessee.

 

FORM NO. 3CEF

[See sub-rule (2) of rule 10-O]

Annual Compliance Report on Advance Pricing Agreement

To,

The Director General of Income-tax (International Taxation)

New Delhi

Sir/Madam,

I am submitting herewith Annual Compliance Report for the period beginning from ___________to ___________for Advance Pricing Agreement entered into between______________(Name of the taxpayer)_________________and the Central Board of Direct Taxes, vide APA Reference No.______________dated____________In this regard I give below the necessary information:

1.

Particulars of the taxpayer:

    a.    Full name of the Taxpayer:

    b.    Permanent Account Number:

    c.    Address of the Taxpayer:

    d.    Address for communication:

    e.    E-mail Id and the contact numbers of the person for correspondence:

2.

Type of APA entered into:

    a.    Have you entered into a unilateral APA or Bilateral APA or Multilateral APA?    

Unilateral

Bilateral

Multilateral

    b.    If you have entered into a Bilateral APA or Multilateral APA, provide the names of the country(ies) with which the APA has been entered into.

3.

Name(s) of the associated enterprise(s) with which international transactions have been undertaken during the year.

 

4.

Details of Covered Transactions:

    a.    Nature of Covered Transaction:

    b.    Amount of Covered Transaction:

    c.    Country(ies) involved:

    d.    Agreed transfer pricing method:

    e.    Agreed profit level indicator:

    f.    Actual result achieved:

    g.    Adjustment required:

    h.    How the adjustment if any is reflected in the income-tax return:

5.

Are there any changes in the business model of the taxpayer in the current financial year as compared to:

    a.    Immediately preceding year:

    b.    Year immediately preceding to the first year to which APA is applicable:

6.

Are there any changes in the Functional and Risk Profile of the taxpayer and the associated enterprises in the current financial year as compared to:

    a.    Immediately preceding year:

    b.    Year immediately preceding to the first year to which APA is applicable:

7.

Transfer pricing methodology:

    a.    Agreed upon in the APA:

    b.    Followed during the year to justify the arm’s length price of the international transactions covered by APA:

    c.    Variations between (a) and (b) above, if any:

    d.     Reasons for variations:

8.

Critical assumptions:

 

    a.    Agreed upon in the APA:

    b.    Whether the critical assumptions have been met during the year or there has been a change in critical assumptions:

    c.    Reasons for not meeting the critical assumptions or change in critical assumptions:

9.

Are there any changes in the organisational structure of the taxpayer group by way of amalgamation, acquisition, merger, demerger or sale of business or by any other methods? If yes, please furnish complete details thereof and show its impact on the critical assumptions agreed upon in the APA:

10.

Specify all other terms and conditions agreed upon in the APA and show whether they have been complied with. In case of non-compliance, furnish the reasons thereof:

I declare that I have examined the information contained in this APA Annual Compliance Report, including the accompanying documents, and to the best of my knowledge and belief, the facts presented within this report and accompanying documents are true, comprehensive and accurate.

Place:

Yours faithfully,

Date:

(Name of the Taxpayer)

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