Saturday , January 10, 2026 |   11:08:00 IST
INTL TAXATION INTL MISC TP FDI LIBRARY VISA BIPA NRI
About Us Contact Us Newsletters
 
NEWS FLASH
 
TP - Recovery on cost to cost basis without any service element, cannot be recharacterised by imputing adhoc markup: ITAT (See Breaking News) TP - As per Section 144C, AO is required to complete assessment within 30 days of receiving directions from DRP & order passed beyond such period is barred by limitation: ITAT (See Breaking News) I-T - Payment of roaming charges by cellular mobile telephony service provider to other telecom operators for subscribers does not attract Sec 9(1)(vii): ITAT (See Breaking News) I-T - Not straying amount due to assessee, more particularly, when assessee is not entitled to any interest on such refund, is unjust enrichment by State: HC (See Breaking News) DTAA - Payments of nature of salary cannot be re-characterized as FTS either under I-T Act or under Article 12 of India–Japan DTAA, which expressly excludes payments to employees: ITAT (See Breaking News) TP - If working capital adjustment subsumes outstanding receivables, no separate characterization is to be made on account of delayed receivables: ITAT (See Breaking News) TP - Final assessment order passed before expiry of the 30-day window given to assessee to file objections against draft assessment order, is not tenable: ITAT (See Breaking News) TP - Differences in functional and turnover filter calls for exclusion of comparable: ITAT (See Breaking News) I-T - Indian subsidiary does not become PE merely because of cross-transactions or outsourcing of back-office operations: HC (See Breaking News) I-T - If factors influencing price are similar, same margin on operating cost, as agreed under MAP resolution between Indian and UK Competent Authorities, shall be applied for determining ALP of ITES segment for non-UK transactions as well: ITAT (See Breaking News) TP - International transaction pertaining to AMP expenditure cannot be benchmarked by applying bright line test method: ITAT (See Breaking News) DTAA - Broad definition of 'operational expenditure' under treaty covers such arrangements if substantiated by genuine commercial evidence and arms-length pricing: ITAT (See Breaking News) I-T - Since commission agent was non-resident, and assessee has not deducted tax at source and adhered to DTAA, AO is not right in treating assessee as defaulter u/s 201(1) r.w.s. 201(1A): ITAT (See Breaking News) DTAA - Additions framed not tenable where authorities omit to consider that said deposits were not income but redeposit of assessee's own funds: ITAT (See Breaking News) DTAA - Receipts from IT support & maintenance services, where not satisfying the make available test, cannot be taxed as Fees for Technical Services: ITAT (See Breaking News) I-T - Agreement to lease aircrafts is in nature of operating lease and not financial lease: ITAT (See Breaking News) DTAA - Payments for use of IT infrastructure facilities do not constitute royalty under India and Belgium DTAA: ITAT (See Breaking News) DTAA - Where assessee merely reimbursed payments made to travel agents on cost-to-cost basis without rendering any managerial, technical or consultancy services to Indian hotels, such receipts cannot be deemed to be FTS: ITAT (See Breaking News)
 
TII SEARCH
 
 
   
Home >> News Brief
 

Anomaly relating to interpretation of 'Accounting year' in case of CbCR, stands clarified
By TII News Service
Jul 08, 2019 , New Delhi

    

THE Indian Income Tax Authorities have always solicited for disclosure of global supply chain profits to assess the reasonableness of cross-border inter-company transaction prices. And in continous support of such transparancy & accountability agenda, India had always been in the forefront of the implementation of the conclusions of the OECD report. With this agenda in mind, India's Former Finance Minister Mr. Arun Jaitley has proposed that an international group with its ultimate parent resident in India is required to file a CbC report in the prescribed format prior to the due date of filing tax returns. In case of an international group that has its ultimate parent resident outside India, an Indian entity that is a member of the group would need to comply with the requirement of filing a CbC report in India. Against that background, the Report on Action 13, released in September 2014, provides a template for Multinational Enterprises (MNEs) to report for each tax jurisdiction in which they do business the information set out in the template. This report, which needs to be filed annually, is called the Country-by-Country (CbC) Report.

While CbC reporting is the primary responsibility of the ultimate parent of an MNE group, there are circumstances under which an entity that is resident in India; but not the ultimate parent could also be required to comply with CbC reporting in India. This secondary filing trigger could arise if the country where the ultimate parent is based does not implement CbC reporting requirements or if India does not have satisfactory mechanism for exchange of CbC reports with that country. Though this step seems to be a big push toward greater transparency and information exchange, however, this may increase the compliance burden of taxpayers.

Now, as per the existing provision of Section 286, every parent entity or the alternate reporting entity, resident in India, shall, for every reporting accounting year, in respect of the international group of which it is a constituent, furnish a report, to the prescribed authority within a period of twelve months from the end of the said reporting accounting year, in the form and manner as may be prescribed. Several concerns have been expressed that in case of an alternate reporting entity (ARE) resident in India whose ultimate parent entity is not resident in India, the accounting year would always be the accounting year applicable in the country where such ultimate parent entity is resident and cannot be the previous year of the entity resident in India. Accordingly, it has been requested that this unintended anomaly as regards the interpretation of accounting year in case of ARE, resident in India may be removed.

In order to address such concerns and to bring clarity in law, it is proposed to suitably amend section 286 so as to provide that the accounting year in case of the ARE of an international group, the parent entity of which is not resident in India, the reporting accounting year shall be the one applicable to such parent entity. Further, the time allowed for furnishing the Country-by-Country Report (CbCR), in the case of parent entity or Alternative Reporting Entity (ARE), resident in India, has been extended to 12 months from the end of reporting accounting year. This amendment is clarificatory in nature and will take effect retrospectively from the 1st April, 2017.

 
 
INTL TAXATION INTL MISC TP FDI LIBRARY VISA BIPA NRI TII
  • DTAA
  • Circulars (I-T Act, 1922)
  • Limited Treaties
  • Other Treaties
  • TIEAs
  • Notifications
  • Circulars
  • Relevant Sections of I-T Rules,1962
  • Instructions
  • Administrative Orders
  • DRP Panel
  • I-T Act, 1961
  • MLI
  • Relevant Portion of I-T Act,1922
  • GAAR
  • MAP
  • OECD Conventions
  • Draft Guidelines
  • DTC Bill
  • Committee Reports
  • FATCA
  • Intl-Taxation
  • Finance Acts
  • Manual on EoI
  • UN Model Taxation
  • Miscellaneous
  • Cost Inflation Index
  • Union Budget
  • Information Security Guidelines
  • APA Annual Report
  • APA Rules
  • Miscellaneous
  • Relevant Sections of Act
  • Instructions
  • Circulars
  • Notifications
  • Draft Notifications
  • Forms
  • TP Rules
  • APA FAQ
  • UN Manual on TP
  • Safe Harbour Rules
  • US Transfer Pricing
  • FEMA Act
  • Exchange Manual
  • Fema Notifications
  • Master Circulars
  • Press Notes
  • Rules
  • FDI Circulars
  • RBI Circulars
  • Reports
  • FDI Approved
  • RBI Other Notifications
  • FIPB Review
  • FEO Act
  • INTELLECTUAL PROPERTY
  • CBR Act
  • NBFC Report
  • Black Money Act
  • PMLA Instruction
  • PMLA Bill
  • FM Budget Speeches
  • Multimodal Transportation
  • Vienna Convention
  • EXIM Bank LoC
  • Manufacturing Policy
  • FTDR Act, 1992
  • White Paper on Black Money
  • Posting Policy
  • PMLA Cases
  • Transfer of Property
  • MCA Circular
  • Limitation Act
  • Type of Visa
  • SSAs
  • EPFO
  • Acts
  • FAQs
  • Rules
  • Guidelines
  • Tourist Visa
  • Notifications
  • Arbitration
  • Model Text
  • Agreements
  • Relevant Portion of I-T Act
  • I-T Rules, 1962
  • Circulars
  • MISC
  • Notification
  • About Us
  • Contact Us
  •  
     
    A Taxindiaonline Website. Copyright © 2010-2025 | Privacy Policy | Taxindiainternational.com Pvt. Ltd. OPC All rights reserved.