10H Pre-filing Consultation

Pre-filing Consultation.

10H. (1) Any person proposing to enter into an agreement under these rules may, by an application in writing, make a request for a pre-filing consultation.

(2) The request for pre-filing consultation may be made in Form No. 3 CEC to the Director General of Income-tax (International Taxation).

(3) On receipt of the request in Form No. 3 CEC, the team may hold pre-filing consultation with the person referred to in rule 10G.

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

(5) The pre-filing consultation may, among other things,-

 (i)  determine the scope of the agreement;

(ii)  identify transfer pricing issues;

(iii)  determine the suitability of international transaction for the agreement;

(iv)  discuss broad terms of the agreement.

(6) The pre-filing consultation may-

 (i)  not bind the Board or the person to enter into an agreement or initiate the agreement process;

(ii)  not be deemed to mean that the person has applied for entering into an agreement.