Elective Paper- 6C- May/Nov 2021 CA AARISH KHAN AJ Education NeXt

PREFACE

It is my great pleasure to present this super small summary containing list of all Sections,
Rules, Articles, Circulars, Form numbers and other relevant factors for Elective Paper 6C-
International Taxation.

The most salient feature of this summary is mention of precise Page numbers of every
provision as per STUDY MATERIAL OF ICAI which may help a student to save his/ her
valuable time during the exam.

This is something which was there in my mind since day one when Elective Paper was
announced by ICAI and I have tried my best to make it as useful as possible for all my
dearest students.

WE ARE FIRST IN INDIA TO INNOVATE SUCH THINGS FOR ELECTIVE PAPER NOV 2018 AND
CONTINUING IT FOR MAY/NOV 2019 AND NOW FOR MAY/NOV 2021.

I hope this may help you all. Kindly share your feedback.

In case of any errors or omission kindly forgive for the same.

ALL THE BEST,

GOD BLESS YOU ALL.

CA AARISH KHAN.

AJ EDUCATION NEXT.

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Elective Paper- 6C- May/Nov 2021 CA AARISH KHAN AJ Education NeXt

ELECTIVE PAPER 6C - INTERNATIONAL TAXATION SYNOPSIS WITH PAGE NUMBERS:

Sr Particulars Section/ Rules/ PAGE NO AS

No. Article, if any PER SM
CHAPTER 1: TRANSFER PRICING
1 What is Transfer Pricing? - 1.4
2 Meaning of Arm’s Length Price? - 1.4
3 Significance of Arm’s Length Principle. - 1.5
4 Practical Difficulties in Application of ALP - 1.6
5 Evolution of Transfer Pricing in India - 1.7
6 Charging Section of Transfer Pricing: 92 1.10
When Transfer pricing not applicable? 92(3) 1.11
7 Associated Enterprises (13 Cases) 92A 1.11 to 1.16
Meaning of Enterprise 1.16
8 Definition of International Transaction & 92B(1) 1.16
Deemed International Transactions 92B(2) 1.17
9 Specified Domestic Transaction 92BA 1.21
(For Detail Refer Regular Course Book)
10 Computation of ALP 92C(1) & (2) 1.22
1. METHODS OF ALP: Rule 10B(1)
a. CUP Method 1.23
b. RSP method 1.26
c. Cost Plus Method 1.27
d. Profit Split Method (2 Methods in this) 1.28
e. Transactional Net Margin Method 1.30
f. Other Method as prescribed by CBDT 1.31
CHART FOR 5 METHODS 1.33
2. Selection of Tested Party 1.34
3. Selection of PLI 1.34
4. Most Appropriated Method 1.35
5. RANGE CONCEPT Rule 10C 1.36
(Better you refer Regular course Book) 1.36 to 1.40
6. RANGE CONCEPT Non-Applicability Rule 10CA 1.40
11 Functions, Assets & Risk Analysis - 1.40
12 Concept of Comparability Adjustments - 1.44
13 Information & Documents to be Maintained 92D & Rule 1.46 to 1.53
10D(1)(2)(3)
14 Audit Report (Form 3CEB) 92E 1.53
15 Penalties in Transfer Pricing:
a. Misreporting 200%. 270A(6)(9) 1.54
b. Failure to Keep & Maintain Information 271AA 1.54
& Documents.
c. Failure to furnish Information &

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Documents to AO & CIT(A) within 30 271G 1.54

days.
d. Failure to Furnish Report u/s 92E. 271BA 1.54

16 a. Country by Country Reporting 286/ 1.55 to 1.59

b. Penalties 271GB/ 1.59 to 1.60
273B 1.60
c. Maintenance & Submission of Master Rule 10DA & Sec 1.60 to 1.63
File 92D
d. Definition of Certain Terms used in Sec 1.63
286
17 Assessment by Assessing Officer: 92C(3)/(4) 1.65 & 1.66
BRIGHT LINE TEST Case Law Of Sony & 1.66
Bausch & Lomb
18 Reference to Transfer Pricing Officer 92CA 1.67
19 Secondary Adjustment 92CE & 1.69
Its Rules Rule 10CB(1) 1.70
&(2) 1.71
20 Dispute Resolution Panel 144C 1.73
21 Appeal to CIT (A) 246A, 249 & 250 1.75
Difference between CIT(A) & DRP 1.75
22 Appeal to ITAT 253 & 254 1.76
23 Appeal to High Court & Supreme Court 260A/261/262 1.77
• Monetary Limit for Appeals by 268A 1.78
Department
24 Advance Pricing Agreement: 92CC 1.78
a. Rules of APA Rule 10G to 10T 1.81
b. Roll Back Provision 10F/10MA/10RA 1.85
c. CBDT 14 FAQ’s on APA 10/2015 1.87 to 1.92
d. Effect of APA 92CD 1.92
25 Mutual Agreement Procedure {Also Refer Rule 44G 1.93 to 1.97
Article 25 of Model Tax Convention}
26 Transfer of Income to Non-Resident 93 1.97

27 Notified Jurisdictional Area (Cyprus 94A 1.99

Notification)
28 Limitation of Interest Deduction 94B 1.101

29 TEST YOUR KNOWLEDGE 1.104

CHAPTER 2: NON RESIDENT

TAXATION
30 Assessee 2(7) 2.3

31 Person 2(31) 2.4

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32 A.Y 2(9) 2.4

33 P.Y 2(34) r.w. 3 2.4

34 Domestic Company 2(22A) 2.4

35 Foreign Company 2(23A) 2.5

36 India 2(25A) 2.5

37 Resident 2(42) 2.5

38 Non-Resident 2(30) 2.5

39 Transfer 2(47) 2.5

40 Charging Section of Income Tax (Tax Rates of 4 2.6

Foreign Companies)
41 Residential Status of Individual 6 2.7
Crew Member of a Foreign Bound Ship Rule 126 2.8 - 2.9
& CBDT Circular

Deemed Resident (FA 2020) 6(1A) 2.9

42 Residential Status of HUF/Firm/ AOP or BOI, 6 2.10
Local Authority and Artificial Juridical Person

43 Residential Status of a Company and the 6(3) 2.11- 2.26

Concept of POEM:
a. Active Business Outside India 2.12
b. Not Engaged in Active Business outside 2.14
India
c. Other Guiding Principles 2.15
d. Examples on POEM 2.20

Transition Mechanism: 115JH 2.21

Notification for sec 115JH 29/2018 2.22 to 2.26
44 Scope of Total Income: 5
Clarification for NR Seafarer’s 13 & 17/2017 2.29
Meaning of “Income received or deemed to be 2.29
received “&
Meaning of “Income Accrued & Arising “ 2.30

45 Meaning of “Income deemed to accrue or 9 2.30- 2.43

arise “:
a. Business Connection 2.32 to 2.35
(FA 2020 Amendment)
b. Income from Property, asset or source 2.35

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of income in India
c. Income through transfer of Capital 2.35
Asset
d. Vodafone Case Law (Do from what we 2.35 to 2.39
wrote in class)
e. Income from Salaries earned in India 2.39
f. Income from Salaries payable by the 2.39
Government for services rendered
outside India & Allowances u/s 10(7)
g. Dividend paid by an Indian Company 2.39
outside India (Now Taxable)
h. Interest (Explanation for Banking 2.39 & 2.40
Company)
i. Royalty (Exception of TDS u/s 194J) 2.40 to 2.42
3 Explanations
j. Fees for Technical Services 2.42
k. Any gift of money by a Resident to a 2.43
Non Resident on or after 5th July 2019
exceeding Rs. 50,000/-

46 Eligible Fund Manager Exempted from Business 9A 2.44 to 2.47

Connection
47 Exemptions u/s 10 {Refer Page 2.55 for 10 2.48 to 2.60
Summary all exemptions u/s 10 for NR}
48 PRESUMPTIVE INCOMES:
a. NR Shipping Business 44B vs 172 2.60
b. NR Exploration of Minerals Business 44BB 2.64
(Also Refer 115A & 44DA)
c. NR Operation of Aircraft Business 44BBA 2.65
d. FOREIGN COMPANY business of Civil 44BBB 2.66
Construction, Turnkey Project
e. Summary of all Presumptive Sections - 2.67
f. Head Office expense allocation for NR 44C 2.68
g. Royalty etc of Non Resident where PE is
located in India (Also Refer 115A) 44DA 2.71

49 Capital Asset 2(14) 2.72

50 Short Term & Long-Term Capital Asset 2(42A) & 2.75

2(29A)
51 EXEMPT TRANSFERS: 47 2.77 to 2.81
a. Transfer of Indian Company shares in 47(via)
Foreign Amalgamation
b. Transfer of Foreign Company Shares in 47(viab)
Foreign Amalgamation (See Vodafone
Case)
c. Transfer of Indian Company shares in 47(vic)

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Foreign Demerger
d. Transfer of Foreign Company Shares in 47(vicc)
Foreign Demerger (See Vodafone Case)
e. Transfer of Bond or GDR by NR to NR 47(viia)
f. Transfer of Rupee Denominated Bonds 47(viiaa)
of Indian Company by NR to NR
g. Transfer of Specified asset by NR on a 47(viiab)
RSE located in IFSC (FA 2018)
h. Transfer of Govt securities by NR to NR 47(viib)
i. Transfer by way of Conversion of Bonds 47(xa)
u/s 115AC in to Shares or Debentures of
any Company

52 Mode of Computation of Capital Gains 48 2.81

Note:
a. STT not allowed as deduction 2.81
b. INDEXATION CHART 2.82
53 NR investing in Shares and Debentures of First Proviso to 48 2.83
Indian Company & Rule 115A

Note:
50CA/50D & 2.84
5th Proviso to sec 2.86
48
54 Cost of Acquisition in Certain cases, i.e. cases of 49(1) 2.86 to 2.88
Previous Owner
55 STCG Tax on Equity shares / Equity Oriented 111A 2.88
Funds/ Units of Business Trust

56 LTCG Tax Rates 112 2.89

57 LTCG Tax on Equity shares / Equity Oriented 112A & 2.90 to 2.98
Funds/ Units of Business Trust on which STT is N/N-60/2018
paid
58 Special Provisions for NRI CH XII-A 2.98 to 2.102
115C to 115-I
59 Special tax Rates:
a. Tax on Dividend & Interest of NR & 115A 2.104
Foreign Company
b. Tax on Royalty & Fees for Technical 115A 2.105
Services of NR & Foreign Company
c. Tax on Mutual Funds Investment by 115AB 2.107
OFO
d. Tax on Bonds or GDR purchased by NR 115AC 2.108
& Foreign Company
e. Tax on FII’s from securities 115AD 2.109
f. Tax on NR Sportsmen or Sports 115BBA 2.112

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Association/ Entertainer’s

60 Applicability of MAT on Foreign Companies Explanation 4 to 2.116

115JB
Non-Applicability of MAT to Sec Explanation 4Ato 2.117
44B/44BB/44BBA/44BBB 115JB

61 Conversion of Indian Branch of Foreign Bank 115JG 2.117 – 2.121

into Indian Subsidiary:

Notification for Conversion 85/2018 2.118

62 TDS on Salary (Payment Basis) 192 2.121

TDS on ESOP (FA 2020) 192(1C) 2.121

63 TDS on Premature withdrawal of PF (Payment 192A 2.122

Basis)

64 TDS on Lottery/ Horse Races etc (Payment 194B & 194BB 2.123
Basis)
65 TDS on payment to NR Sportsmen or Sports 194E 2.124
Association

66 TDS on Commission on sale of lottery 194G 2.124

67 TDS on Income by way of Interest from 194LB 2.125

Infrastructure Debt Fund to Non-Resident
68 TDS on Income from Units of a Business Trust 194LBA 2.125
to Non-Resident (FA 2020)
69 TDS on Income of Units of Investment to Non- 194LBB 2.126
Resident Unit Holders
70 TDS on Income in respect of Investment made 194LBC 2.127
in a Securitization Trust
71 TDS on Income by way of Interest from Indian 194LC 2.128
Company (Amendment made by FA 2020)
72 TDS on Interest on Govt Securities or Rupee 194LD 2.128
Denominated Bonds of an Indian Company
payable to FII’s or QFI’s (FA 2020)

73 TDS on withdrawal of CASH (FA 2020) 194N 2.129

74 TDS on Payment of any other sum to Non- 195 2.132
Resident:
a. Payer may be Resident or Non- 2.132
Resident.
b. Time of Deduction. 2.132
c. Payments subject to Tax Deduction. 2.132
d. Certificate of Non-Deduction. 2.132
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e. Deductor to Furnish prescribed 2.133

information.
f. Making application to AO to 2.133
determine appropriate proportion
of sum chargeable to tax. Now make
online application.
g. Procedure for Refund of TDS u/s 195 2.134
to the person deducting tax in cases
where tax is deducted at a higher
rate prescribed in DTAA.
75 Income payable net of tax 195A 2.135

76 Income from Units of Mutual Fund or Specified 196A 2.135

Company
77 Income from Units 196B 2.135

78 Income from Foreign Currency Bonds or shares 196C 2.135

of Indian Company
79 Income of Foreign Institutional Investors from 196D 2.136
Securities
80 Certificate for deduction of tax at a lower rate 197 2.136

81 Tax Deducted is Income Received 198 2.137

82 Credit for Tax at source 199 & Rule 37BA 2.137

83 Person Responsible for Paying Income 204 2.138

84 Mandatory requirement of furnishing PAN in 206AA 2.139
all TDS, bills, voucher and correspondence
between the deductor and deductee:
a. Non applicability of sec 206AA to Non- 2.139
Residents.

LIST OF ALL TDS SECTIONS FOR NON-RESIDENT 2.140

85 MISCELLANEOUS PROVISIONS:
a. Furnishing of Return of Income 139(1) 2.142
(See New Notification for AIF in IFSC)
b. Who is regarded as Representative 160 2.144
Assessee?
c. Who may be regarded as Agent? 163 2.144
d. Liability of Representative Assessee. 161 2.145
e. Rights of representative assesse to 162 2.145
recover tax paid
f. Direct assessment or recovery not 166 2.145
barred

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g. Remedies against property in cases of 167 2.146

representative assesse
h. Recovery of tax in respect of NR from 173 2.146
his assets
i. Recovery against the assessee’s 228A 2.146
property in foreign countries
j. Submission of statement by a non- 285 2.146
resident having liaison office
k. Furnishing of Information or documents 285A 2.147
by an Indian Concern (Vodafone Case
Law)

TEST YOUR KNOWLEDGE - 2.149

CHAPTER 3: DOUBLE TAXATION

RELIEF

86 a. Bilateral Relief (FA 2020) 90/90A 3.3

(See Illustrations) 3.6
b. Unilateral Relief (FA 2020) 91 3.12
(See Illustrations) 3.13
c. Foreign Tax Credit (See in detail in Rule 128 3.18
Annexure)
d. Taxation of IT-Enabled BPO Circular 5/2004 3.22

TEST YOUR KNOWLEDGE - 3.24

CHAPTER 4: ADVANCE RULINGS

87 a. Definition of Advance Ruling 245N(a) 4.2

b. Applicants 245N(b)(A) 4.2
c. Authority of Advance Ruling 245-O 4.4
d. Qualifications, terms and conditions of 245-OA 4.5
service of Chairman, vice chairman and
members (After 25.05.2017)
e. Vacancies etc not to invalidate 245P 4.7
proceedings
f. Application for Advance Ruling 245Q 4.7
g. Procedure on receipt of Application 245R 4.8
(Important Illustration)
h. Applicability of Advance Ruling 245S 4.11
i. Advance Ruling to be void in certain 245T 4.12
cases
j. Powers of the Authority 245U 4.12
k. Procedure of Authority 245V 4.13 & 4.14

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TEST YOUR KNOWLEDGE - 4.15

CHAPTER 5: OVERVIEW OF THE

BLACK MONEY LAW & IMPOSITION
OF TAX LAW

88 Charging section 3 5.2

89 Undisclosed Foreign Income & asset 2(12) 5.2

90 Undisclosed asset located outside India 2(11) 5.2

91 Assessee 2(2) 5.2

92 Previous Year 2(9) 5.3

93 Relevant Previous year of chargeability Proviso to sec 3(1) 5.4

94 Valuation of Undisclosed asset & its RULES of Sec 3(2) 5.4 to 5.8
Valuation & Rule 3(1)
95 FMV of an asset (other than bank account) Rule 3(2) 5.8
transferred before valuation date
96 FMV in a case where a new asset is acquired Rule 3(3) 5.8
out of consideration received on account of
transfer of an old asset or withdrawal from a
Bank account (Must See Example)
97 Rate of conversion of currency used to used to Rule 3(4) & 3(5) 5.9
determine FMV of an asset
98 Relevant Date for determination of market Explanation 2 to 5.10
value and conversion of currency Rule 3
99 Scope of Total Undisclosed Foreign Income and 4 5.10
asset
100 Computation of Total Undisclosed Foreign 5 5.11
Income and asset (See Example)
101 Tax Authorities 6 5.12

102 Change of Incumbent 7 5.12

103 Powers of Discovery and Production of 8 5.12

Evidence
104 Proceeding before tax authorities to be judicial 9 5.14
proceedings
105 Assessment 10 5.15

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106 Time Limit to complete Assessment 11 5.15

107 Rectification of Mistake 12 5.16

108 Notice of Demand 13 5.17

109 No Bar on Direct Assessment or Recovery 14 5.17

110 Appeal to Commissioner 15 5.17

Powers of Commissioner (Appeals) 17 5.18 & 5.19
111 Appeal to Tribunal 18 5.19

112 Appeal to High Court 19 5.20

113 Appeal to Supreme Court 21 5.21

114 Revision of Order Prejudicial to Revenue 23 5.22

115 Revision of other Orders 24 5.23

116 Recovery of Tax Dues: 30 to 40 5.25

a. Recovery of tax dues by AO 30 5.25
b. Recovery of tax dues by TRO 31 5.26
c. Modes of recovery of tax dues 32 5.26
d. TRO by whom recovery of tax dues is to 33 5.26
be effected
e. Recovery of tax dues in case of a 34 5.26
company in liquidation
f. Liability of Manager of a Company 35 5.26
g. Joint and several liability of participants 36 5.26
h. Recovery through State Government 37 5.27
i. Recovery of tax dues in pursuance of 38 5.27
agreements with foreign countries or
specified territory
j. Recovery by suit or under other law not 39 5.27
affected
k. Interest for default in furnishing return 40 5.28
and payment or deferment of advance
tax
117 Penalties: 41 to 47 5.28
a. Penalty i.r.t undisclosed Foreign Income 41 5.28
& Asset
b. Penalty for failure to furnish return i.r.t 42 5.28
foreign income & Asset
c. Penalty for failure to furnish ROI or for 43 5.28
furnishing inaccurate particulars about
an asset outside India

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d. Non applicability of penalty u/s 42 & 43 Proviso to sec 42 & 5.28

43
e. Penalty for default in payment of tax in 44 5.29
arrear
f. Penalty for other defaults 45 5.29
g. Procedure 46 5.29
h. Bar on limitation for imposing penalty 47 5.30

118 Offences & Prosecution 48 to 58 5.31 to 5.36

119 Agreement with Foreign Countries 73 5.36

120 Service and Authentication of notices and other 74 & 75 5.37

documents
121 Notice Deemed to be Valid in certain cases 76 5.38

122 Appearance by approved Valuer in certain 77 & 78 5.38

matters or authorized representative
123 Rounding off of Income, Value of asset and tax 79 5.38

124 Assessment not to be valid on certain grounds 81 5.39

125 Bar of suits in Civil Courts 82 5.39

126 Income Tax papers to be available for the 83 5.39

purposes of this Act
127 Certain provisions of Income Tax Act shall apply 84 5.39

128 Power to make rules 85 5.40

129 Power to Remove difficulties 86 5.40

130 Amendment of PMLA 88 5.40

TEST YOUR KNOWLEDGE - 5.41

CHAPTER 6: TAXATION OF E-
COMMERCE TRANSACTIONS

131 What is E-Commerce? - 6.2

132 How is Business Transacted through E- - 6.2- 6.3

Commerce?
133 Classification of E-commerce based on parties - 6.3 to 6.4
involved in transactions

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134 • E- Commerce Business Model. - 6.4

• Online Platform E-Commerce Business
Model.
• Meaning of Marketplace Based Model &
Inventory Based Model of E-Commerce.
135 Equalization Levy (FA 2020) Sec 165 to 180 6.9- 6.39

TEST YOUR KNOWLEDGE 6.40

CHAPTER 7: TAX TREATIES:

OVERVIEW, FEATURES, APPLICATION
& INTERPRETATION

136 International Court of Justice Article 38(1) 7.2

137 Sources of International Tax Law - 7.2

138 Double Taxation & Connecting Factors: - 7.3

a. Jurisdictional Double Taxation
b. Economic Double Taxation
139 Tax Treaty: An Overview:
(1) Definition of Treaty 7.4 & 7.5
(2) Role of Tax Treaties 7.5
(3) Types of DTAA (Limited & 7.5
Comprehensive) Article 51
(4) Directive Principles set out in 7.5
Constitution
(5) Need for Tax Treaties 7.6
(6) Tax Information Exchange Agreements 7.7 to 7.14

140 Features of Tax Treaties: - 7.14 to 7.22

(i) Tax Residency
(ii) Allocation of Taxing Rights
(iii) Non-Aggravation principle
(iv) Tax Credit mechanism
(v) Exchange of Information
(vi) Limitation of Benefits

141 INTERPRETATION OF TAX TREATIES: -

(1) Introduction 7.22
(2) Role of Vienna Convention in 7.23 to 7.27
Application & Interpretation of Tax
Treaties
(3) Basic Principle of Interpretation of a 7.27 to 7.31
Treaty (Before VCLT)

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(4) Extrinsic Aid to Interpretation of a 7.31 to 7.32

Treaty
(5) Commentaries on OECD/UN Model 7.34
(6) Foreign Courts Decision 7.34
(7) Ambulatory vs Static Approach 7.35
(8) Ambulatory Approach subject to 7.35
Contextual Interpretation

142 Process of Negotiating a Tax Treaty 7.36

TEST YOUR KNOWLEDGE - 7.38

CHAPTER 8: ANTI AVOIDANCE

MEASURES:

143 BASE EROSION & PROFIT SHIFTING: 8.2

144 Impact of Globalisation 8.2

145 Growth of E-Commerce and consequent 8.2

aggressive Tax Planning
146 Adverse Effects of BEPS 8.2

147 Overview of BEPS 8.3

148 Addressing the challenges of the Digital ACTION PLAN 1 8.6

Economy.
Equalization Levy
149 Neutralize the Effects of Hybrid Mismatch ACTION PLAN 2 8.10
Arrangements
150 Strengthen Controlled Foreign Company Rules ACTION PLAN 3 8.13
(CFC) (Refer Sec 115BBD)
151 Interest Deductions and other Financial ACTION PLAN 4 8.15
Payments. (Sec 94B.)
152 Counter Harmful Tax Practices. ACTION PLAN 5 8.18
Refer Sec 115BBF.
153 Preventing Treaty Abuse. ACTION PLAN 6 8.21

154 Prevent the Artificial Avoidance of Permanent ACTION PLAN 7 8.25

Establishment Status
155 Transfer pricing outcomes in line with value ACTION PLAN 8 TO 8.28
creation/ Intangibles /Risk and capital and 10
other High-Risk Transactions.
156 Measuring & Monitoring BEPS ACTION PLAN 11 8.31

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157 Disclosure of Aggressive Tax Planning ACTION PLAN 12 8.33

Arrangements:
Note: CRS Avoidance Arrangements & Opaque 8.34
Offshore Structures
158 Re-examine Transfer Pricing Documentation. ACTION PLAN 13 8.35
Refer Sec 286 in Transfer Pricing.
159 Making Dispute Resolution More Effective ACTION PLAN 14 8.41

160 Developing a Multilateral Instrument ACTION PLAN 15 8.44

161 3W1H Principles in MLI - 8.46

162 GAAR Section 95 to 102 8.58 to 8.74

TEST YOUR KNOWLEDGE 8.84

CHAPTER 9: OVERVIEW OF MODEL
TAX CONVENTION

163 Introduction, Difference between OECD & UN 9.2

Model Convention
164 Title & Preamble to Model Conventions 9.6

165 Persons Covered: Article 1 9.7

a. Fiscally Transparent Entity discussion
166 Taxes Covered Article 2 9.8

167 General Definitions Article 3 9.10

168 Resident: Article 4 9.12

a. Tie breaker Rule for Individual
b. Case by Case Approach for others
169 Permanent Establishment: Article 5
a. Definition of PE 9.17
b. Inclusive list of PE 9.17
c. Construction PE/ Service PE (Only UN) 9.18
d. Exclusion of PE 9.18 to 9.22
e. Anti-Fragmentation Rule Para 4.1 9.22
f. Agency PE (2017 Updation) 9.22
g. Insurance PE (Only UN Model) 9.23
h. Dependent Agents are PE 9.24 & 25
i. Closely Related Enterprise 9.25

170 Business Profits: Article 7 9.26 to 9.32

a. Force of Attraction principle (Only UN)

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171 Interest Article 11 9.32

172 Royalties Article 12 9.36

173 Fees for Technical Services (2017 Updation) Article 12A 9.39

174 Capital Gain Article 13 9.42

175 Independent Personal Services (Only UNMC) Article 14 9.45

176 Other Income Article 21 9.47

177 Exemptions from Double Taxation: Article 23 9.48

Exemption Method 23A 9.49
Credit Method 23B 9.51

178 Non-Discrimination Article 24 9.53 to 9.56

179 Mutual Agreement Procedure Article 25 9.56 to 9.60

180 Exchange of Information Article 26 9.60 to 9.65

TEST YOUR KNOWLEDGE 9.75.

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LIST OF FORMS RELEVANT FOR INTERNATIONAL TAXATION PAPER 6C:

SR NO. PARTICULARS RULE NO. FORM NO.

1 Master File which is furnished u/s 92D(4): 10DA 3CEAA
Part A- Basic Details
Part B- Transactional Details
2 Intimation by a designated constituent entity, resident 10DA 3CEAB
in India, of an international group, for the purposes of
sub-section (4) of section 92D of the Income-tax Act,
1961
3 Intimation by a constituent entity, resident in India, 10DB 3CEAC
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
4 Report by a parent entity or an alternate reporting 10DB 3CEAD
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
5 Intimation on behalf of the international group for the 10DB 3CEAE
purposes of the proviso to sub-section (4) of section
286 of the Income-tax Act, 1961
6 Report from an accountant to be furnished under 10E 3CEB
section 92E relating to international transaction(s)
and specified domestic transaction(s):

PART A – Basic Details.

PART B – Transactional Details.

7 Application for a pre-filing meeting for APA 10H(2) 3CEC
8 Application for an Advance Pricing Agreement 10-I 3CED
9 Application for rollback of an Advance Pricing 10MA(5) 3CEDA
Agreement
10 Application for withdrawal of APA request 10J(2) 3CEE
11 Annual Compliance Report on Advance Pricing 10-O(2) 3CEF
Agreement
12 Application for Opting for Safe Harbour 10TE(1) 3CEFA
13 Application for Opting for Safe Harbour in respect of 10THD(1) 3CEFB
Specified Domestic Transactions
14 Form for making the reference to the Commissioner 10UB(3) 3CEG
by the Assessing Officer u/s 144BA(1)
15 Form for returning the reference made under 10UB(4) 3CEH
section 144BA
16 Form for recording the satisfaction by the 10UB(5) 3CEI
Commissioner before making a reference to the
Approving Panel under sub-section (4) of section
144BA
17 Report from an accountant to be furnished for 10V(7) 3CEJ

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purposes of section 9A relating to arm's length price

in respect of the remuneration paid by an eligible
investment fund to the fund manager.
18 Report from an accountant to be furnished for 10V(13) 3CEJA
purpose of section 9A regarding fulfilment of certain
conditions by an eligible investment fund
19 Form for making reference to the Approving Panel 10UD 3CEIA
under sub-section (4) of section 144BA of the
Income- tax Act, 1961
20 Statement to be furnished by an eligible investment 10VB 3CEK
fund to the Assessing Officer
21 Income attributable to assets located in India u/s 9 11UC 3CT
22 Application for notification under sub-clause (iv) of 2DC(1) 10BBA
clause (c) of Explanation to the clause (23FE) of
section 10 of the Income-tax Act, 1961 (Pension
Fund)
23 Intimation by Pension Fund of investment under 2DB 10BBB
clause (23FE) of section 10 of the Income-tax Act,
1961
24 Certificate of accountant in respect of compliance to 2DB 10BBC
the provisions of clause (23FE) of section 10 of the
Income-tax Act, 1961 by the notified Pension Fund
25 Information to be provided under sub-section (5) of 21AB 10F
section 90 or sub-section (5) of section 90A of the
Income-tax Act, 1961
26 Application for Certificate of residence for the 21AB 10FA
purposes of an agreement under section 90 and 90A
of the Income-tax Act, 1961
27 Certificate of residence for the purposes of section 90 21AB 10FB
and 90A ( TRC )
28 Authorisation for claiming deduction in respect of 21AC 10FC
any payment made to any financial institution located
in a notified jurisdictional area ( Sec 94A )
29 Certificate of foreign inward remittance 29A 10H
30 Application by a person for a certificate under 28 & 37G 13
section 197 and/or sub-section (9) of section 206C of
the Income-tax Act, 1961, for no deduction of tax or
deduction or collection of tax at a lower rate
31 Application by a banking company or insurer for a 29B 15C
certificate under section 195(3) of the Income - tax
Act, 1961, for receipt of interest and other sums
without deduction of tax
32 Information to be furnished for payments to a 37BB 15CA
non- resident not being a company, or to a foreign
company :

PART A:
To be filled up if the remittance is chargeable to tax
under the provisions of the Income- tax Act,1961 and

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the remittance or the aggregate of such remittances,

as the case may be, does not exceed five lakh rupees
during the financial year.

PART B:
To be filled up if the remittance is chargeable to tax
under the provisions of the Income- tax Act,1961 and
the remittance or the aggregate of such remittances,
as the case may be, exceeds five lakh rupees during
the financial year and an order certificate u/s 195(2)/
195(3)/ 197 of Income-tax Act has been obtained
from the Assessing Officer.

PART C:
To be filled up if the remittance is chargeable to tax
under the provisions of Income-tax Act, 1961 and the
remittance or the aggregate of such remittances, as
the case may be, exceeds five lakh rupees during the
financial year and a certificate in Form No. 15CB
from an accountant as defined in the Explanation
below sub-section (2) of section 288 has been
obtained.

PART D:
To be filled up if the remittance is not chargeable to
tax under the provisions of the Income-tax Act, 1961
{other than payments referred to in rule 37BB(3)} by
the person referred to in rule 37BB(2)
33 Remittance Certificate of an accountant 37BB 15CB
34 Quarterly statement to be furnished by an authorised 37BB 15CC
dealer in respect of remittances made for the quarter
of .............. of .......... (Financial Year)
35 Application by a person other than a banking 29B 15D
company for a certificate under section 195(3) of the
Income-tax Act, 1961, for receipt of sums other than
interest and dividends without deduction of tax
36 Form of application by a non-resident applicant for 44E 34C
obtaining an advance ruling under section 245Q(1) of
the Income -tax Act, 1961
37 Form of application by a resident applicant seeking 44E 34D
advance ruling under section 245Q(1) of the Income-
tax Act, 1961 in relation to a transaction undertaken
or proposed to be undertaken by him with a non-
resident
38 Form of application by a resident applicant referred 44E 34DA
to in [section 245N(b)(A)(iii)] seeking advance ruling
under section 245Q(1) of the Income-tax Act, 1961
in relation to a transaction undertaken or proposed to
be undertaken by him
39 Form of application by a person falling within such 44E 34E

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class or category of persons as notified by Central

Government in exercise of powers conferred for
obtaining an advance ruling under section 245Q(1) of
the Income-tax Act, 1961
40 Form of application for obtaining an advance ruling 44E 34EA
under section 245Q(1) of the Income-tax Act, 1961
41 Form of application for an assessee, resident in India, 44-G 34F
seeking to invoke mutual agreement procedure
provided for in agreements with other countries or
specified territories
42 Application for Allotment of Permanent Account 114 49AA
Number [Individuals not being a Citizen of
India/Entities incorporated outside India/
Unincorporated entities formed outside India]
43 Annual Statement under section 285 of the Income- 114DA 49C
tax Act, 1961
44 Information & Documents to be furnished by 114DB 49D
Indian Concern u/s 285A (Vodafone Case)
PART - A:
Basic Details

PART - B:
To be filled into report the transaction resulting in
transfer of right of management or control

PART - C:
To be filled for reporting the information in respect
of transfer of share or interest during the previous
year.
45 Statement of Income from a country or specified 128 67
Territory outside India and Foreign Tax Credit

CA AARISH KHAN

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