Pre-filing consultation

Pre-filing consultation.

105. (1) An eligible person may make an application in Form No. 50 to the Principal Chief Commissioner of Income-tax (International Taxation) for a pre-filing consultation.

(2) On receipt of the application, the team shall hold pre-filing consultation with the eligible person who has applied under sub-rule (1).

(3) The competent authority of India or his representative shall be associated in pre-filing consultation involving bilateral or multilateral agreement.

(4) The pre-filing consultation shall, among other things,—

(a) determine the scope of the agreement;

(b) identify transfer pricing issues;

(c) determine the suitability of international transaction for the agreement; and

(d) discuss broad terms of the agreement.

(5) The pre-filing consultation shall—

(a) neither bind the Board or the eligible person who has applied under sub-rule (1) to enter into an agreement or initiate the agreement process;

(b) nor be deemed to mean that the person has applied for entering into an agreement.

(6) The provisions of this rule shall not apply in the case of renewal of the agreement.