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12
THE GAZETTE OF INDIA : EXTRAORDINARY
[PART II—SEC. 3(ii)]
MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)
NOTIFICATION
New Delhi, the 31st, October, 2017
INCOME-TAX
S.O. 3497(E).— In exercise of the powers conferred by proviso to sub-section (1) of section 92D and sub-
section (8) of section 286 read with section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct
Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:-
1.
Short title and commencement.
(1)
These rules may be called the Income-tax (Twenty-fourth Amendment) Rules, 2017.
(2)
They shall come into force from the date of its publication in the Official Gazette.
2.
In the Income-tax Rules, 1962 (hereafter referred to as the Principal Rules), in Part II,
after rule 10D, the
following rules shall be inserted, namely:-
“Information and documents to be kept and maintained under proviso to sub-section (1) of section 92D and to be
furnished in terms of sub-section (4) of section 92D.
10DA. (1) Every person, being a constituent entity of an international group shall,-
(i) 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
(ii) the aggregate value of international transactions,-
(A) during the accounting year, as per the books of accounts, exceeds fifty crore rupees, or
(B) in respect of purchase, sale, transfer, lease or use of intangible property during the accounting year, as per the
books of accounts, exceeds ten crore rupees,
keep and maintain the following information and documents of the international group, namely:-
(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 five per cent. 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 ten per cent. 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;
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(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 report of the information referred to in sub-rule (1) shall be in Form No. 3CEAA and it shall be furnished to
the Director General of Income-tax (Risk Assessment) on or before the due date for furnishing the return of income as
specified in sub-section (1) of section 139:
Provided that the information in Form No. 3CEAA for the accounting year 2016-17 may be furnished at any time on or
before the 31st day of March, 2018.
(3)
Information in,__
(i) Part A of Form No. 3CEAA shall be furnished by every person, being a constituent entity of an international group,
whether or not the conditions as provided in sub-rule (1) are satisfied;
(ii) Part B of Form No. 3CEAA shall be furnished by a person, being a constituent entity of an international group, in
those cases where the conditions as provided in sub-rule (1) are satisfied.
(4)
Where there are more than one constituent entities resident in India of an international group, then the report
referred to in sub-rule (2) or information referred to in clause (i) of sub-rule (3),as the case may be, may be furnished by
that constituent entity which has been designated by the international group to furnish the said report or information, as
the case may be, and the same has been intimated by the designated constituent entity to the Director General of Income-
tax (Risk Assessment) in Form 3CEAB.
(5)
The intimation referred to in sub-rule (4) shall be made at least thirty days before the due date of filing the
report as specified under sub-rule (2).
(6)
The Principal Director General of Income-tax (Systems) or Director General of Income-tax (Systems), as the
case may be, shall specify the procedure for electronic filing of Form No. 3CEAA and Form No. 3CEAB and shall also
be responsible for evolving and implementing appropriate security, archival and retrieval policies in relation to the
information furnished under this rule.
(7)
The information and documents specified in sub-rule (1) shall be kept and maintained for a period of eight years
from the end of the relevant assessment year.
(8)
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.
Explanation.- For the purposes of this rule,-
(A) "telegraphic transfer buying rate" shall have the same meaning as assigned in the Explanation to rule 26;
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THE GAZETTE OF INDIA : EXTRAORDINARY
[PART II—SEC. 3(ii)]
(B) the terms ‘accounting year’, ‘consolidated financial statement’ and ‘international group’ shall have the same
meaning as assigned in sub-section (9) of section 286.
Furnishing of Report in respect of an International Group
10DB. (1) For the purposes of sub-section (1) of section 286, every constituent entity resident in India, shall, if its parent
entity is not resident in India, intimate the Director General of Income-tax (Risk Assessment) in Form No. 3CEAC, the
following, namely:-
(a)
whether it is the alternate reporting entity of the international group; or
(b)
the details of the parent entity or the alternate reporting entity, as the case may be, of the international group
and the country or territory of which the said entities are residents.
(2) Every intimation under sub-rule (1) shall be made at least two months prior to the due date for furnishing of report as
specified under sub-section (2) of section 286.
(3) Every parent entity or the alternate reporting entity, as the case may be, resident in India, shall, for every reporting
accounting year, furnish the report referred to in sub-section (2) of section 286 to the Director General of Income-tax
(Risk Assessment) in Form No. 3CEAD.
(4) A constituent entity of an international group, resident in India, other than the entity referred to in sub-rule (3), shall
furnish the report referred to in sub-rule (3) within the time specified therein if the provisions of sub-section (4) of
section 286 are applicable in its case.
(5) If there are more than one constituent entities resident in India of an international group, other than the entity
referred to in sub-rule (3), then the report referred to in sub-rule (4) may be furnished by that entity which has been
designated by the international group to furnish the said report and the same has been intimated to the Director General
of Income-tax (Risk Assessment) in Form No. 3CEAE.
(6) For the purposes of sub-section (7) of section 286, the total consolidated group revenue of the international group
shall be five thousand five hundred crore rupees.
(7) Where the total consolidated group revenue of the international group, as reflected in the consolidated financial
statement, is in foreign currency, the rate of exchange for the calculation of the value in rupees of such total consolidated
group revenue shall be the telegraphic transfer buying rate of such currency on the last day of the accounting year
preceding the accounting year.
(8) The Principal Director General of Income-tax (Systems) or Director General of Income-tax (Systems), as the case
may be, shall specify the procedure for electronic filing of Form No. 3CEAC, Form No. 3CEAD and Form No. 3CEAE
and shall also be responsible for evolving and implementing appropriate security, archival and retrieval policies in
relation to the information furnished under this rule.
Explanation.- For the purposes of this rule,-
(A) "telegraphic transfer buying rate" shall have the same meaning as assigned in the Explanation to rule 26;
(B) the terms ‘accounting year’, ‘alternate reporting entity’, ‘consolidated financial statement’, ‘international group’
and ‘reporting accounting year’ shall have the same meaning as assigned in sub-section (9) of section 286.”
3.
In the Principal Rules, in Appendix II, after Form No. 3CEA, the following forms shall be inserted, namely:-
“FORM NO. 3CEAA
[See rule 10DA]
MASTER FILE
Report to be furnished under sub-section (4) of section 92D of the Income-tax Act, 1961
PART – A
1. Name of the assessee –
2. Address of the assessee –
3. Permanent account number of the assessee –
4. Name of the international group of which the assessee is a constituent entity –
5. Address of the international group of which the assessee is a constituent entity –
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6. Accounting Year for which the report is being submitted –
7. Number of constituent entities of the international group operating in India –
8. Name, permanent account number and address of all the constituent entities included in item No. 7-
Serial Number
Name of the constituent
entities of the international
group
Permanent account number
of the constituent entities of
the international group
Address of the constituent
entities of the international
group
PART – B
1. List of all entities of the international group along with their addresses –
Serial Number
Name
Address
2. Chart depicting the legal status of the constituent entity and ownership structure of the entire international
group–
3. Written description of the business of the international group during the accounting year in accordance with
clause (c) of sub-rule (1) of rule 10DA containing the following, namely:-
(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 five per cent. of the
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) 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) the functions, assets and risks analysis of the constituent entities of the international group that contribute
at least ten per cent. of the revenues or assets or profits of such group; and
(ix) a description of the important business restructuring transactions, acquisitions and divestments.
4. 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 –
5. List of all entities of the international group engaged in development of intangible property and in management
of intangible property along with their addresses –
Serial Number
Name of the entity of the international
group
Address
of
the
entity
of
the
international group
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THE GAZETTE OF INDIA : EXTRAORDINARY
[PART II—SEC. 3(ii)]
6. 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 –
Serial Number
Intangible property /group
of intangible property
Name of the entity who
legally owns the intangible
property/group
of
intangible property
Address of the entity
7. 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 –
8. Description of the transfer pricing policies of the international group related to research and development and
intangible property –
9. Description of important transfers of interest in intangible property, if any, among entities of the international group,
including the names and addresses of the selling and buying entities and the compensation paid for such transfers –
10. Detailed description of the financing arrangements of the international group, including the names and addresses of
the top ten unrelated lenders –
11. List of group entities that provide central financing functions, including their addresses of operation and of effective
management –
12. Detailed description of the transfer pricing policies of the international group related to financing arrangements
among group entities –
13. A copy of the annual consolidated financial statement of the international group –
14. 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 –
I
……………………………………………… son/daughter/wife* of Shri ……………………………… hereby declare
that
I
am
furnishing
the
information
in
my
capacity
as
……………………………
(designation)
of
………………………………(name of the assessee) and I am competent to furnish the said information and verify it.
Place: …………
……………………
Signature**
Date: ……………
……………………
Address of the declarant
……………………………
PAN of the declarant
Note 1: *Strike off whichever is not applicable.
**This form has to be signed by the person competent to verify the return of income under section 140.
FORM NO. 3CEAB
[See rule 10DA]
Intimation by a designated constituent entity, resident in India, of an international group, for the purposes of
sub-section (4) of section 92D of the Income-tax Act, 1961
1.
Name of the designated constituent entity –
2.
Address of the designated constituent entity –
3.
Permanent account number of the designated constituent entity –
4.
Name of the international group –
5.
Name of the parent entity of the international group –
6.
Address of the parent entity of the international group –
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17
7.
The country of residence of the parent entity –
8.
Accounting Year for which the report is being submitted –
I, ………………………………………………, son/daughter/wife* of Shri ……………………………… hereby declare that I
am furnishing the information in my capacity as …………………………… (designation) of ………………………………
(name of the assessee) and I am competent to furnish the said information and verify it.
Place: ……………
…………………
Signature**
Date: ……………..
…………………..
Address of the declarant
……………………………
PAN of the declarant
Note: *Strike off whichever is not applicable.
**This form has to be signed by the person competent to verify the return of income under section 140.
FORM NO. 3CEAC
[See rule 10DB]
Intimation by a constituent entity, resident in India, of an international group, the parent entity of which is
not resident in India, for the purposes of sub-section (1) of section 286 of the Income-tax Act, 1961
1.
Name of the constituent entity –
2.
Address of the constituent entity –
3.
Permanent account number of the constituent entity –
4.
Name of the international group –
5.
Name of the parent entity of the international group –
6.
Address of the parent entity of the international group –
7.
The country of residence of the parent entity –
8.
Whether the international group has designated an alternate reporting entity in place of the parent entity to furnish
the report referred to in sub-section (2) of section 286 - Yes/No
9.
If yes, name and address of the alternate reporting entity of the international group –
(i)
Name of alternate reporting entity
(ii)
Address
10. The country of residence of the alternate reporting entity –
11. Reportable Accounting Year –
I, ………………………………………………, son/daughter/wife* of Shri ……………………………… hereby declare that I
am furnishing the information in my capacity as …………………………… (designation) of ………………………………
(name of the assessee) and I am competent to furnish the said information and verify it.
Place: ……………
…………………
Signature**
Date: ……………
……………………
Address of the declarant
……………………………
PAN of the declarant
Note: *Strike off whichever is not applicable.
**This form has to be signed by the person competent to verify the return of income under section 140.
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THE GAZETTE OF INDIA : EXTRAORDINARY
[PART II—SEC. 3(ii)]
FORM NO. 3CEAD
[See rule 10DB]
COUNTRY-BY-COUNTRY REPORT
Report by a parent entity or an alternate reporting entity or any other constituent entity, resident in India, for the
purposes of sub-section (2) or sub-section (4) of section 286 of the Income-tax Act, 1961
Name of the reporting entity
PAN of the reporting entity
Address of the reporting entity
Whether the reporting entity is the parent entity of
the international group
PART A: OVERVIEW OF ALLOCATION OF INCOME, TAXES AND BUSINESS ACTIVITIES BY TAX
JURISDICTION
Name of the Multinational Enterprise group:
Reportable accounting year:
Currency used:
Tax
Jurisdiction
Revenues
Profit(Loss)
before
Income Tax
Income
Tax
Paid
(on
Cash
Basis)
Income Tax
Accrued –
Reportable
Accounting
Year
Stated
Capital
Accumulated
Earnings
Number of
Employees
Tangible
Assets other
than Cash
and Cash
Equivalents
Unrelated
Party
Related
Party
Total
PART B: LIST OF ALL THE CONSTITUENT ENTITIES OF THE MULTINATIONAL ENTERPRISES GROUP
INCLUDED IN EACH AGGREGATION PER TAX JURISDICTION
Name of the Multinational Enterprise group:
Fiscal year concerned:
Tax
Jurisdiction
Constituent
entities
Resident in the
Tax
Jurisdiction
Tax
Jurisdiction of
Organisation
or
Incorporation
if Different
from Tax
Jurisdiction of
Residence
Main Business Activity (ies)
Research
and
Development
Holding or
Managing
Intellectual
Property
Purchasing
or
Procurement
Manufacturing
or Production
Sales,
Marketing or
Distribution
Administrative,
Management
and Support
Services
Provision
of
Services
to
Unrelated
Parties
Internal
Group
Finance
Regulated
Financial
Services
Insurance
Holding
Shares or
other Equity
instruments
Dormant
Other
1.
2.
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3.
1.
2.
3.
PART C: ADDITIONAL INFORMATION
Name of the Multinational Enterprises group:
Reportable accounting year :
Please include any further brief information or explanation that is considered necessary or that would facilitate the
understanding of the compulsory information provided in Part A and Part B. (e.g. Source of Data)
I
………………………………… son/daughter/wife* of Shri ……………………………… hereby
declare that I am furnishing the information in my capacity as …………………………… (designation)
of ………………………………(name of the assessee) and I am competent to furnish the said
information and verify it.
Place: …………
……………………
Signature**
Date: ……………
……………………
Address of the declarant
……………………………
PAN of the declarant
Note 1: *Strike off whichever is not applicable
**This form has to be signed by the person competent to verify the return of income under
section 140.
Note 2: Specific instructions
Part A
1.
In the column titled “Tax Jurisdiction”, the Reporting multi-national enterprise (MNE) should list all of the tax
jurisdictions in which Constituent Entities of the MNE group are resident for tax purposes. A tax jurisdiction is defined
as a State as well as a non-State jurisdiction which has fiscal autonomy. A separate line should be included for all
Constituent Entities in the MNE group deemed by the Reporting MNE not to be resident in any tax jurisdiction for tax
purposes. Where a Constituent Entity is resident in more than one tax jurisdiction, the applicable tax treaty tie breaker
should be applied to determine the tax jurisdiction of residence. Where no applicable tax treaty exists, the Constituent
Entity should be reported in the tax jurisdiction of the Constituent Entity’s place of effective management.
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THE GAZETTE OF INDIA : EXTRAORDINARY
[PART II—SEC. 3(ii)]
2.
In the three columns of the template under the heading “Revenues”, the Reporting MNE should report the
following information: (i) the sum of revenues of all the Constituent Entities of the MNE group in the relevant tax
jurisdiction generated from transactions with associated enterprises; (ii) the sum of revenues of all the Constituent
Entities of the MNE group in the relevant tax jurisdiction generated from transactions with independent parties; and (iii)
the total of (i) and (ii). Revenues should include revenues from sales of inventory and properties, services, royalties,
interest, premiums and any other amounts. Revenues should exclude payments received from other Constituent Entities
that are treated as dividends in the payer’s tax jurisdiction.
3.
Under the column titled “Profit (Loss) before Income Tax”, the Reporting MNE should report the sum of the
profit (loss) before income tax for all Constituent Entities resident for tax purposes in the relevant tax jurisdiction. The
profit (loss) before income tax should include all extraordinary income and expense items.
4.
Under the column titled “Income Tax Paid (on Cash Basis)”, the Reporting MNE should report the total amount
of income tax actually paid during the relevant fiscal year by all Constituent Entities resident for tax purposes in the
relevant tax jurisdiction. Taxes paid should include cash taxes paid by the Constituent Entity to the residence tax
jurisdiction and to all other tax jurisdictions. Taxes paid should include withholding taxes paid by other entities
(associated enterprises and independent enterprises) with respect to payments to the Constituent Entity. Thus, if company
A resident in tax jurisdiction A earns interest in tax jurisdiction B, the tax withheld in tax jurisdiction B should be
reported by company A.
5.
Under the column titled “Income Tax Accrued – Reportable Accounting Year”, the Reporting MNE should
report the sum of the accrued tax expense recorded on taxable profits or losses of the year of reporting of all Constituent
Entities resident for tax purposes in the relevant tax jurisdiction. The tax expense should reflect only operations in the
reportable accounting year and should not include deferred taxes or provisions for uncertain tax liabilities.
6.
Under the column titled “Stated Capital”, the Reporting MNE should report the sum of the stated capital of all
Constituent Entities resident for tax purposes in the relevant tax jurisdiction. With regard to permanent establishments,
the stated capital should be reported by the legal entity of which it is a permanent establishment unless there is a defined
capital requirement in the permanent establishment tax jurisdiction for regulatory purposes.
7.
Under the column titled “Accumulated Earnings”, the Reporting MNE should report the sum of the total
accumulated earnings of all Constituent Entities resident for tax purposes in the relevant tax jurisdiction as of the end of
the year. With regard to permanent establishments, accumulated earnings should be reported by the legal entity of which
it is a permanent establishment.
8.
Under the column titled “Number of Employees”, the Reporting MNE should report the total number of
employees on a full-time equivalent (FTE) basis of all Constituent Entities resident for tax purposes in the relevant tax
jurisdiction. The number of employees may be reported as of the year-end, on the basis of average employment levels for
the year, or on any other basis consistently applied across tax jurisdictions and from year to year. For this purpose,
independent contractors participating in the ordinary operating activities of the Constituent Entity may be reported as
employees. Reasonable rounding or approximation of the number of employees is permissible, providing that such
rounding or approximation does not materially distort the relative distribution of employees across the various tax
jurisdictions. Consistent approaches should be applied from year to year and across entities.
9.
Under the column titled “Tangible Assets other than Cash and Cash Equivalents”, the Reporting MNE should
report the sum of the net book values of tangible assets of all Constituent Entities resident for tax purposes in the relevant
tax jurisdiction. With regard to permanent establishments, assets should be reported by reference to the tax jurisdiction in
which the permanent establishment is situated. Tangible assets for this purpose do not include cash or cash equivalents,
intangibles, or financial assets.
Part B
10.
Under the column titled “Constituent Entities Resident in the Tax Jurisdiction”, the Reporting MNE should list,
on a tax jurisdiction-by-tax jurisdiction basis and by legal entity name, all the Constituent Entities of the MNE group
which are resident for tax purposes in the relevant tax jurisdiction. As stated above with regard to permanent
establishments, however, the permanent establishment should be listed by reference to the tax jurisdiction in which it is
situated. The legal entity of which it is a permanent establishment should be noted (e.g. XYZ Corp – Tax Jurisdiction A
PE).
11.
Under the column titled “Tax Jurisdiction of Organization or Incorporation if different from Tax Jurisdiction of
Residence”, the Reporting MNE should report the name of the tax jurisdiction under whose laws the Constituent Entity
of the MNE is organised or incorporated if it is different from the tax jurisdiction of residence.
12.
Under the column titled “Main Business Activity(-ies)”, the Reporting MNE should determine the nature of the
main business activity(ies) carried out by the Constituent Entity in the relevant tax jurisdiction, by ticking one or more of
the appropriate boxes. In this column, if the Reporting MNE chooses the option ‘Other’, then it shall be required to
specify the nature of the activity of the Constituent Entity in the “Part C: Additional Information” section.
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21
FORM NO. 3CEAE
[See rule 10DB]
Intimation on behalf of the international group for the purposes of the proviso to sub-section (4) of section 286 of the
Income-tax Act, 1961
1.
Name of the international group –
2.
Name of the parent entity of the international group –
3.
Address of the parent entity of the international group
4.
Name of the constituent entity designated to furnish the report under sub-section (4) of section 286 of the Income-
tax Act, 1961 –
5.
Address of the constituent entity designated to furnish the report under sub-section (4) of section 286 of the
Income-tax Act, 1961 –
6.
Permanent account number of the designated constituent entity –
7.
Names, permanent account numbers and addresses of all other constituent entities of the international group
resident in India –
Sl. No.
Name of the constituent entity
Permanent account number
Address
I
……………………………………………… son/daughter/wife* of Shri ……………………………… hereby
declare that I am furnishing the information in my capacity as …………………………… (designation)
of……………………………… (name of the assessee) and I am competent to furnish the said information and verify it.
Place: ……………
…………………
Signature**
Date: ……………..
…………………..
Address of the declarant
……………………………
PAN of the declarant
Note: *Strike off whichever is not applicable.
**This form has to be signed by the person competent to verify the return of income under section 140.
[Notification No. 92 /2017/ F. No. 370142/25/2017-TPL]
NIRAJ KUMAR, Under Secy. (Tax Policy and Legislation)
Note:— The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section-3, Sub-section
(ii) vide number S.O. 969 (E) dated the 26th March, 1962 and were last amended vide notification number
GSR No. 1221(E), dated the 5th of October, 2017.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.
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