Maintenance and furnishing of information and document by constituent entity of an international group under section 171

Maintenance and furnishing of information and document by constituent entity of an international group under section 171.

123. (1) Every person, being a constituent entity of an international group shall,—

(a) if the consolidated group revenue of the international group, of which such person is a constituent entity, as reflected in the consolidated financial statement of the international group for the accounting year, exceeds five hundred crore rupees; and

(b) the aggregate value of international transactions, —

(i) during the accounting year, as per the books of account, exceeds fifty crore rupees; or

(ii) in respect of purchase, sale, transfer, lease or use of intangible property during the accounting year, as per the books of account, exceeds ten crore rupees, keep and maintain the following information and documents of the international group:—

(A) a list of all entities of the international group along with their addresses;

(B) a chart depicting the legal status of the constituent entity and ownership structure of the entire international group;

(C) a description of the business of international group during the accounting year including—

(I) the nature of the business or businesses;

(II) the important drivers of profits of such business or businesses;

(III) a description of the supply chain for the five largest products or services of the international group in terms of revenue and any other products including services amounting to more than 5% of consolidated group revenue;

(IV) a list and brief description of important service arrangements made among members of the international group, other than those for research and development services;

(V) a description of the capabilities of the main service providers within the international group;

(VI) details about the transfer pricing policies for allocating service costs and determining prices to be paid for intra-group services;

(VII) a list and description of the major geographical markets for the products and services offered by the international group;

(VIII) a description of the functions performed, assets employed and risks assumed by the constituent entities of the international group that contribute at least 10% of the revenues or assets or profits of such group; and

(IX) a description of the important business restructuring transactions, acquisitions and divestments;

(D) a description of the overall strategy of the international group for the development, ownership and exploitation of intangible property including location of principal research and development facilities and their management;

(E) a list of all entities of the international group engaged in development and management of intangible property along with their addresses;

(F) a list of all the important intangible property or groups of intangible property owned by the international group along with the names and addresses of the group entities that legally own such intangible property;

(G) a list and brief description of important agreements among members of the international group related to intangible property, including cost contribution arrangements, principal research service agreements and license agreements;

(H) a detailed description of the transfer pricing policies of the international group related to research and development and intangible property;

(I) a description of important transfers of interest in intangible property, if any, among entities of the international group, including the name and address of the selling and buying entities and the compensation paid for such transfers;

(J) a detailed description of the financing arrangements of the international group, including the names and addresses of the top ten unrelated lenders;

(K) a list of group entities that provide central financing functions, including their place of operation and of effective management;

(L) a detailed description of the transfer pricing policies of the international group related to financing arrangements among group entities;

(M) a copy of the annual consolidated financial statement of the international group; and

(N) a list and brief description of the existing unilateral advance pricing agreements and other tax rulings in respect of the international group for allocation of income among countries.

(2) The information and document specified in sub-rule (1) shall be furnished to the Joint Director referred to in rule 124(1), in Form No. 56, on or before the due date for furnishing the return of income as specified under section 263(1)(c).

(3) The constituent entity shall furnish Part A of Form No. 56 even if the conditions specified in sub-rule (1) are not satisfied.

(4) Where there are more than one constituent entities of an international group required to file the information and document in sub-rule (2), then Form No. 56 may be furnished by any one constituent entity, if,—

(a) the international group has designated such entity for this purpose; and

(b) the information has been conveyed in Form No. 57 to the Joint Director referred to in rule 124(1) in this behalf, thirty days before the due date of furnishing the Form No. 56.

(5) The information and documents specified in sub-rule (1) shall be kept and maintained for a period of nine years from the end of the relevant tax year.

(6) The rate of exchange for the calculation of the value in rupees of the consolidated group revenue in foreign currency shall be the telegraphic transfer buying rate of such currency on the last day of the accounting year.

(7) In this rule, —

(a) the expressions "accounting year", "consolidated financial statement" and "international group" shall have the meaning respectively assigned to them in section 511(10); and

(b) "telegraphic transfer buying rate" shall have the meaning assigned in rule 207.