(10)Where the facts and circumstances on the basis of which the option exercised by the assessee was held to be valid have changed and the Assessing Officer has reason to doubt the eligibility of an assessee or the international transaction for any assessment year other than the initial Assessment Year falling within the period for which the option was exercised by the assessee, he shall make a reference to the Transfer Pricing Officer for determination of eligibility of the assessee or the international transaction or both for the purpose of safe harbour.Explanation. - For purposes of this sub-rule the facts and circumstances include:-(a)functional profile of the assessee in respect of the international transaction;(b)the risks being undertaken by the assessee;(c)the substantive contractual conditions governing the role of the assessee in respect of the international transaction;(d)the conduct of the assessee as referred to in sub-rule (2) or sub-rule (3) of rule 10TB; or(e)the substantive nature of the international transaction.
