Calcutta HC Disqualifies Politician Mukul Roy from Assembly under Anti-Defection Law  ||  Supreme Court Bans Mining in and Around National Parks and Wildlife Sanctuaries  ||  Supreme Court Terms Delay in Framing Charges for 4 Years in Maharashtra Case ‘Shocking’  ||  Kerala High Court: Widow’s Remarriage No Bar to Compassionate Appointment  ||  Delhi HC: Child Care Leave Not Absolute but Cannot Be Denied Arbitrarily  ||  Bombay HC: Furnace Oil Not Part of ‘Plant & Machinery’, No Complete Sales Tax Set-Off  ||  MP HC: Injury Not Required to Prove Attempt to Murder  ||  Supreme Court: Tenant Must Pay Rent Despite Appeal Against Fixation Order Without Stay  ||  Supreme Court: Counterclaim under Order 8 Rule 6A CPC Allowed Only Against Plaintiff  ||  SC: Externally Procured Parts Given For Assembly, Not Used in Manufacture, Not Liable to Excise Duty    

India-USA Bilateral Competent Authority MAP/APA Meeting- (Press Information Bureau) (17 Nov 2016)

MANU/PIBU/0868/2016

Civil

The Bilateral Competent Authority Mutual Agreement Procedure (MAP) / Advance Pricing Agreement (APA) meeting between India and USA was held in Washington DC, USA during the last week of October, 2016. The discussions in the meeting were focussed on resolving MAP cases pending for a long time and to achieve significant developments in Bilateral APA Process.

During the meeting, 66 MAP cases relating to Transfer Pricing issues and 42 MAP cases relating to Treaty Interpretation issues were agreed to be resolved successfully. The total amount that was locked-up in dispute in these cases is approximately Rs.5,000 crore and these cases were related to Assessment Years ranging from AY 1999-2000 to AY 2011-12. The resolved cases pertain to various issues like transfer pricing adjustments made to the international transactions in the nature of Payment of Royalty, Payment of Management Fees, Cost Contribution Arrangements, Engineering Design Services, Contract R&D Services, Investment Advisory Services, Marketing Support Services, Software Development Services, IT enabled Services (both BPO and KPO services) etc. and treaty interpretative issues in the nature of Presence of Permanent Establishment (PE) in India and Profit Attribution to such PEs, disputes pertaining to royalty income v/s business income of foreign companies, etc.

Further, during the meeting, the two Competent Authorities reached an agreement on the terms and conditions of the first ever Bilateral APA involving India and USA. Though India started its Bilateral APA process with the USA by accepting applications from the Indian taxpayers from FY 2012-13, the USA started its Bilateral Process with India only in February 2016 by way of accepting applications from US taxpayers. Within a short span of 8 months, the Agreement has been reached upon in the first ever Bilateral APA involving India and USA.

The speedy resolution of cases and agreement on Bilateral APA due to effective mechanism of development of mutual trust and cooperation between the Competent Authorities of two countries would really be a positive factor in creating a conducive atmosphere for investments and business by US Companies in India.

Tags : MEETING   BILATERAL   AGREEMENT  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved