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What Is Mutual Agreement Procedure India

2. Where the competent authority of a country or region outside India has received, as part of an agreement with that country or territory, a reference concerning the measures taken by an income authority in India or by the tax authorities of that country or territory, the competent authority of India transmits to the competent authority of the other country or territory specified. 1. When an evaluator residing in India is the subject of a measure taken by the tax authorities of a particular country or territory outside India because he or she believes that he or she is not in compliance with the provisions of the agreement with that country or another territory, he or she may apply to the competent authority in India to avail himself of the reciprocal agreement procedure. , in the case of such an agreement, in Form 34F (added to the communication). The map article of the Indian Income Tax Convention is based on Article 25 of the OECD Model Tax Convention. An application for a POPs may be made by a taxpayer if it takes into account the actions of the tax authorities of one or both contractors or results in a tax that does not comply with the applicable tax treaty. This procedure allows the competent authorities of the contracting states to settle disputes or difficulties in interpreting or applying tax treaties on a consensual basis. Under the new 44G Rule, Income Tax (8th Amendment), 2020, rule 44H on procedures for effect of the decision is also omitted as part of an agreement arising from the POPs. Article 25 contains three distinct areas in which the mutual agreement procedure is generally applied.

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