Terms of the agreement .
10M . (1) An agreement may among other things, include—
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(i) |
the international transactions covered by the agreement; |
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(ii) |
the agreed transfer pricing methodology, if any; |
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(iii) |
determination of arm’s length price, if any; |
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(iv) |
definition of any relevant term to be used in item (ii) or (iii); |
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(v) |
critical assumptions; |
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1 [ (va) |
rollback provision referred to in rule 10MA; ] |
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(vi) |
the conditions if any other than provided in the Act or these rules. |
(2) The agreement shall not be binding on the Board or the assessee if there is a change in any of critical assumptions or failure to meet conditions subject to which the agreement has been entered into.
(3) The binding effect of agreement shall cease only if any party has given due notice of the concerned other party or parties.
(4) In case there is a change in any of the critical assumptions or failure to meet the conditions subject to which the agreement has been entered into, the agreement can be revised or cancelled, as the case may be.
(5) The assessee which has entered into an agreement shall give a notice in writing of such change in any of the critical assumptions or failure to meet conditions to the Director General of Income-tax (International Taxation) as soon as it is practicable to do so.
(6) The Board shall give a notice in writing of such change in critical assumptions or failure to meet conditions to the assessee, as soon as it comes to the knowledge of the Board.
(7) The revision or the cancellation of the agreement shall be in accordance with rules 10Q and 10R respectively.
1. Clause (va) inserted by the Income-tax (Third Amendment) Rules, 2015, w.e.f. 14-3-2015.