Application for Renewal of an Advance Pricing Agreement (APA)

Part A: Particulars ofthe Applicant

1.

Name:

(refer Note 1)

2.

Address:

(refer Note 2)

3.

Communication Address in India:

(refer Note 3)

4.

PAN

5.

Contact Details in India (e-mail ids and phone number):

6.

Details of Authorised Representative:

(refer Note 4)

Part B: Other Details

7.

Acknowledgment no. of the Application filed for the last APA

8.

Type of APA

Unilateral/Bilateral /Multilateral

9.

If Bilateral or Multilateral APA, have the Associated Enterprises (AE) applied for APA in their resident country/region

(a)

If yes, enclose evidence of application

(b)

If no, proposed date of application

(c)

Period of APA applied for in other country

10.

Period of proposed APA and date from which APA is requested:

Period

Date

11.

Details of International transactions proposed to be covered:

Sl.

No.

Transaction

ID (refer Note 5)

Type

Estimated Amount

Particular of AE

Proposed

Transfer

pricing

methodology

(refer Note 6)

Whether

Rollback is

opted for

Name of the AE

Location

of AE

(Country

/Region)

AE‘s

Taxpayer

Identification Number

(TIN) or its equivalent

1.

(Select one)

Yes/No

2.

12.

Details for prior four tax years for each transaction for which rollback opted (refer Note 9.A-27):

Tax

year

Transaction ID

Date of

furnishing of

return of income

Date of furnishing

of audit

report in

Form No. 48

Details of pending appeals

Whether Appellate Tribunal has disposed of an appeal on Arm length price of the international transaction

Yes/No

13.

Particulars ofthe fee paid by the applicant:

(a)

Application Fee:

(A)

Amount

(B)

Transaction Ref. No.

(b)

Rollback Fee:

(A)

Amount

(B)

Transaction Ref. No.

14.

Are there any changes in the details / documents mentioned at Annexures A-1 to A-26 from the last application filed:

Yes/No (refer Note 9))

If the response is Yes, then relevant annexure(s) may please be updated

A-1

A-2

Verification

I, , hereby affirm that the information provided in this application is true and correct to the best of my knowledge. I have not concealed any relevant fact.

I am submitting this application in my capacity as (designation), holding PAN and I am competent to verify and submit this application.

Annexure

Particulars

General

A-1

History and background of the applicant and the associated enterprise.

A-2

General description of business and products/services.

A-3

Multinational structure, organizational arrangement, operational set-up, including major transaction flows.

A-4

Details of all other transaction flows of the multinational enterprise (volumes, directions and amounts) that may have an impact on the pricing of the covered transactions.

A-5

Proposed terms and conditions, and critical assumptions, for the APA.

A-6

Details of all the business location(s)

Adress of the location(s)

Functions performed

Employee headcount

A-7

Details of parent company

(a)

Details of all Immediate Parent Company:

Yes/ No

(A)

Name

(B)

Address

(C)

Country/region of residence

(D)

TIN or its equivalent

(b)

Details of Ultimate Parent Company:

Yes/ No

(A)

Name

(B)

Address

(C)

Country/region of residence

(D)

TIN or its equivalent

Functional Analysis

A-8

Detailed functional analysis of the applicant and all relevant entities with respect to the covered transactions.

A-9

Business strategies for the period covered by proposed APA: -

(i) current financial estimate and future financial projections,

(ii) business plans,

(iii) general business and industry trends,

(iv)future direction/business strategy including R&D, production and marketing (v) Relevant marketing and financial studies (enclose copies).

A-10

Financial statements on a consolidated and unconsolidated basis for the prior 5 years, (Also provide interim statements for the most recent period prior to the date of the submission).

Industry and Market Analysis

A-11

Comprehensive description of industry as well as generally accepted industrial and commercial practices.

A-12

Identification and general profile of competitors, including respective market shares.

A-13

Industry and general business statistics, financial ratios, and analyses/studies.

A-14

Critical success factors for detailed industry analysis.

A-15

Detailed analysis of the markets for all countries involved.

Transfer Pricing Background

A-16

Discussion of relevant legal considerations and requirements as per Indian law, foreign Law and DTAA between India and the foreign country including competent authority history.

A-17

Discussion of relevant rulings, UAPAs/BAPAs/MAPAs, and other similar arrangements entered into with foreign tax administrations, for transfer pricing or other valuation bases, or other taxation matters entered into by the applicant (or its associated enterprises)

A-18

History of transfer pricing audits and present status of appeals.

Tax

Year

Disputed

International

Transaction

Amount of

Adjustment

Decision of each appellate authority

Current status

A-19

History of foreign transfer pricing audits and present status of appeals.

Tax

Year

Disputed

International

Transaction

Amount of

Adjustment

Decision of each appellate authority

Current status

A-20

Copies of all relevant agreements (pricing, cost-sharing, licensing, agency, distributorship, etc.) relevant to this application is to be provided.

A-21

Operating data (gross and net) segmented by product line, division, unit, and geographic region for the prior 5 years,

Transfer Pricing Methodology (TPM) Analysis

A-22

Provide all information, including detailed analyses and explanations needed to establish the appropriateness of a proposed TPM, in accordance with transfer pricing regulations as contained in the Indian Income-tax law.

A-23

Discussion and analysis of each transfer pricing method, applied or rejected, for each covered transaction. In particular provide details on accepted or rejected internal comparable. (Indicate assumptions, strategies and policies that may have influenced the acceptance or rejection of each TPM).

A-24

Summary of selected TPMs and secondary TPMs, if used as a sanity check.

A-25

Application of the proposed TPMs to the covered transactions for the 5 prior years‘ operations and the time period applicant wants to cover in APA, and discuss results.

A-26

Discussion and quantification of the variance from the proposed TPM, if any, from the TPM applied previously for the 5 prior years.

A-27

In case where rollback is not opted for any Transaction ID for any tax year, the reasons for the same is to be provided.