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What is the Effect to advance pricing agreement? Section 92CD of Income Tax Act 1961

Effect to advance pricing agreement is defined under section 92CD of Income Tax Act 1961. Provisions under this Section is:

Section 92CD of Income Tax Act "Effect to advance pricing agreement"

Section 92CD. (1) Notwithstanding anything to the contrary contained in section 139, where any person has entered into an agreement and prior to the date of entering into the agreement, any return of income has been furnished under the provisions of section 139 for any assessment year relevant to a previous year to which such agreement applies, such person shall furnish, within a period of three months from the end of the month in which the said agreement was entered into, a modified return in accordance with and limited to the agreement.
 

 

(2) Save as otherwise provided in this section, all other provisions of this Act shall apply accordingly as if the modified return is a return furnished under section 139.

(3) If the assessment or reassessment proceedings for an assessment year relevant to a previous year to which the agreement applies have been completed before the expiry of period allowed for furnishing of modified return under sub-section (1), the Assessing Officer shall, in a case where modified return is filed in accordance with the provisions of sub-section (1), proceed to assess or reassess or recompute the total income of the relevant assessment year having regard to and in accordance with the agreement.

(4) Where the assessment or reassessment proceedings for an assessment year relevant to the previous year to which the agreement applies are pending on the date of filing of modified return in accordance with the provisions of sub-section (1), the Assessing Officer shall proceed to complete the assessment or reassessment proceedings in accordance with the agreement taking into consideration the modified return so furnished.

(5) Notwithstanding anything contained in section 153 or section 153B or section 144C,-

(a) the order of assessment, reassessment or recomputation of total income under sub-section (3) shall be passed within a period of one year from the end of the financial year in which the modified return under sub-section (1) is furnished;

(b) the period of limitation as provided in section 153 or section 153B or section 144C for completion of pending assessment or reassessment proceedings referred to in sub-section (4) shall be extended by a period of twelve months.

(6) For the purposes of this section,-
(i) "agreement" means an agreement referred to in sub-section (1) of section 92CC;
(ii) the assessment or reassessment proceedings for an assessment year shall be deemed to have been completed where-
(a) an assessment or reassessment order has been passed; or
(b) no notice has been issued under sub-section (2) of section 143 till the expiry of the limitation period provided under the said section.

Income Tax Act 1961

What is the Meaning of associated enterprise? Section 92A of Income Tax Act 1961

What is the Meaning of international transaction? Section 92B of Income Tax Act 1961

What is the Meaning of specified domestic transaction? Section 92BA of Income Tax Act 1961

What is Computation of arm's length price? Section 92C of Income Tax Act 1961

What is Reference to Transfer Pricing Officer? Section 92CA of Income Tax Act 1961

What is Power of Board to make safe harbour rules? What is Advance pricing agreement? Section 92CB and 92CC of Income Tax Act 1961

What is the Effect to advance pricing agreement? Section 92CD of Income Tax Act 1961

What is Maintenance and keeping of information and document by persons entering into an international transaction or specified domestic transaction? Section 92D of Income Tax Act 1961

What is Maintenance and keeping of information and document by persons entering into an international transaction or specified domestic transaction? What is Report from an accountant to be furnished by persons entering into international transaction or specified domestic transaction? Section 92D and 92E of Income Tax Act 1961

What is the Definitions of certain terms relevant to computation of arm's length price, etc? Section 92F of Income Tax Act 1961

What is the avoidance of income-tax by transactions resulting in transfer of income to non-residents? Section 93 of Income Tax Act 1961

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