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On what ground may the Board, with the approval of the Central Government, declare an advance pricing agreement void ab initio under section 168(7) of the Income-tax Act, 2025?

Question and options

On what ground may the Board, with the approval of the Central Government, declare an advance pricing agreement void ab initio under section 168(7) of the Income-tax Act, 2025?

  1. A change in the facts having a bearing on it

  2. A change in law having a bearing on it

  3. Failure to file the modified return in time

  4. Fraud or misrepresentation of facts in obtaining it

Answer and explanation

Correct answer: D - Fraud or misrepresentation of facts in obtaining it

Section 168(7) of the Income-tax Act, 2025 lets the Board, with Central Government approval, declare an advance pricing agreement void ab initio if it was obtained by fraud or misrepresentation of facts. A change in law or facts bearing on the agreement only makes it not binding under section 168(6), and a late modified return under section 169 does not void it.

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