Cancellation of Advance Pricing Agreement (APA) [ Rule 10R ] - International Taxation - Income Tax

Cancellation of an Advance Pricing Agreement [ Rule 10R ] Reasons of APA liable to cancellation An agreement shall be cancelled by the Board for any of the following reasons: ( i ) the compliance audit referred to in rule 10P has resulted in the finding of failure on the part of the assessee to comply with the terms of the agreement; ( ii ) the assessee has failed to file the annual compliance report in time; ( iii ) the annual compliance report furnished by the assessee contains material errors; or ( iv ) the agreement is to be cancelled under rule 10Q(4) or rule 10RA(7) . [ Rule 10R(1) ] Opportunity of being heard The Board shall give an opportunity of being heard to the assessee, before proceeding to cancel an application. [ Rule 10R(2) ] Communication with the competent authority The competent authority in India shall communicate with the competent authority in the other country or countries and provide reason for the proposed cancellation of the agreement in case of bilateral or multilateral agreement. [ Rule 10R(3) ] Cancellation order shall be in writing with effective date The order of cancellation of the agreement shall be in writing and shall provide reasons for cancellation and for non-acceptance of assessee's submission, if any. [ Rule 10R(4) ] The order of cancellation shall also specify the effective date of cancellation of the agreement, where applicable. [ Rule 10R(5) ] The order under the Act, declaring the agreement as void ab initio , on account of fraud or misrepresentation of facts, shall be in writing and shall provide reason for such declaration and for non-acceptance of assessee's submission, if any. [ Rule 10R(6) ] Intimating to AO and TPO The order of cancellation shall be intimated to the Assessing Officer and the Transfer Pricing Officer, having jurisdiction over the assessee. [ Rule 10R(7) ]