Posts Tagged ‘Double Taxation Agreement’


Section 90 of the Income Tax Act, 1961- Double Taxation Agreement- Agreement for Avoidance of Double Taxation and Prevention of Fiscal Evasion with Foreign Countries- Netherlands- Amendment in Notification No. GSR 382(E) dated 27.03.1989

Notification No. 2/2013, [F.NO.501/02/1983-FTD-I], dated 14.01.2013

WHEREAS a Protocol for amending the Convention between the Republic of India and the Kingdom of the Netherlands for the avoidance of double taxation and for the prevention of fiscal evasion with respect to taxes on Income and on Capital was signed at the Hague on the 10th day of May, 2012;

AND WHEREAS, the date of entry into force of the said Protocol is the 2nd day of November, 2012, being the date of later of the notifications of satisfaction of all legal requirements and procedures for entry into force of the Agreement, in accordance with Paragraph 2 of Article 3 of the said Protocol;

AND WHEREAS, Paragraph 2 of Article 3 of the said Protocol provides that the amending protocol, which shall form an integral part of the convention shall enter into force on the date of the later of the notifications referred to in paragraph 1 of said Article and its provisions shall have effect forthwith;

NOW, THEREFORE, in exercise of the powers conferred by section 90 of the Income-Tax Act, 1961 (43 of 1961), the Central Government hereby directs that all the provisions of the said Protocol, as set out in the Annexure hereto, shall be given effect to in the Union of India in respect of income and on Capital arising from the 2nd November, 2012.

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Click here to download the complete text of the above Notification in PDF Format.

Source: Income Tax Department- India.

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Section 90 of the Income-tax Act, 1961 – Double Taxation Agreement – Agreement with foreign countries or specified territories – Notified ‘Specified Territory’

Notification No. 54/2012, [F.NO. 503/14/2012-FTD-I(PT)], dated 17.12.2012

In exercise of the powers conferred by Explanation 2 to section 90 of the Income- tax Act, 1961 (43 of 1961), the Central Government hereby notifies Sint Maarten, a part of Kingdom of Netherlands, the area outside India as the ‘specified territory’ for the purposes of the said section.

2. This notification shall come into force with immediate effect.

Source: Income Tax Department- India.


Section 90 of the Income-tax Act, 1961 – Double taxation Agreement – Agreement for avoidance of double taxation and prevention of fiscal evasion with foreign countries – Uzbekistan – Amendment in notification No. SO 790(E), Dated 13-11-1996

Notification No. 49/2012, [F.No.503/6/2009-FTD-II]/SO 2689(E), dated 07.11.2012

Whereas the annexed Protocol amending the Agreement between the Government of the Republic of India and the Government of the Republic of Uzbekistan for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital (hereinafter referred to as “Protocol”) signed on the 11th day of April, 2012 shall enter into force on the 20th day of July, 2012, being the date of the later of the notifications after completion of the procedures as required by the laws of the respective countries for the entry into force of the Protocol, in accordance with Article 7 of the said Protocol.

Now, therefore, in exercise of the powers conferred by section 90 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby directs that all the provisions of the Protocol annexed hereto shall be given effect to in the Union of India in accordance with Article 7 of the said Protocol as namely:-

(i) in respect of Articles 1,2,3,4 and 6 of the said Protocol for Financial Year 2013-2014 and subsequent financial years; and

(ii) in respect of Article 5 of the said Protocol from the 20th day of July, 2012.

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Click here to download the complete text of the above Notification in PDF Format.

Source: Income Tax Department- India.


Section 90 of the Income-Tax Act, 1961 – Double Taxation Agreement – Multilateral Convention on Mutual Administrative Assistance on Tax Matters with Organisation for Economic Co-operation and Development Member Countries (OECD) Member Countries

Notification No. 35/2012 [F. No. 500/154/2009-FTD-I], dated 29.08.2012

Whereas, a Multilateral Convention on Mutual Administrating Assistance in Tax Matter and as amended by the 2010 protocol was signed by the Republic of India at the headquarters of the Organisation for Economic Co-operation and Development (OECD) at Paris on the 26rd day of January, 2012 (hereinafter referred to as the said Convention);

And, whereas, the instrument of ratification was deposited in OECD on 21st February 2010, the date of entry into force of the said convention for India is the 1st day of June, 2012 in accordance with paragraph 3 of Article 28 of the said Convention;

Now, therefore, in exercise of the powers conferred by section 90 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby notifies that all the provisions of the Convention for Mutual Administrative Assistance on Tax Matters, as set out in the Annexure hereto, shall be given effect to in the Union of India with effect from the 1st June, 2012, that is, the date of entry into force of the said Convention.

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Click here to download the complete text of the above Notification in PDF Format- Notification No. 35/2012, dated 29.08.2012.

Source: Income Tax Department- India.

 

 

 


Section 90 of the Income-tax Act, 1961 – Double Taxation Agreement – Agreement for Exchange of Information with respect to Taxes with Guernsey

Notification No. 30/2012 [F. No. 503/1/2009-FTD-I], dated 09.08.2012

WHEREAS, an Agreement between the Government of the Republic of India and the States of Guernsey for the exchange of information with respect to taxes was signed at London on the 20th day of December, 2011 (hereinafter referred to as the said Agreement)

AND WHEREAS, the date of entry into force of the said Agreement is the 11th day of June, 2012, being the date of the later of the notifications of completion of the procedures as required by the respective laws for entry into force of the said Agreement, in accordance with paragraph 2 of article 14 of the said Agreement;

NOW, THEREFORE, in exercise of the powers conferred by section 90 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby notifies that all the provisions of the Agreement between the Government of the Republic of India and the States of Guernsey for the exchange of information with respect to taxes, as set out in the Annexure hereto, shall be given effect to in the Union of India with effect from the 11th June, 2012, that is, the date of entry into force of the said Agreement.

AGREEMENT

BETWEEN

THE GOVERNMENT OF THE REPUBLIC OF INDIA AND

THE STATES OF GUERNSEY

FOR

THE EXCHANGE OF INFORMATION

WITH RESPECT TO TAXES

WHEREAS the Government of the Republic of India and the States of Guernsey (the “Contracting Parties”), desiring to enhance and facilitate the terms and conditions governing the exchange of information with respect to taxes;

WHEREAS it is acknowledged that the States of Guernsey has the right under the terms of its Entrustment from the UK to negotiate, conclude, perform and subject to the terms of this Agreement terminate a tax information exchange agreement with the Government of the Republic of India;

NOW, THEREFORE, the Contracting Parties have agreed to conclude the following Agreement, which contains obligations on the part of the Contracting Parties only.

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Click here to view the complete text of the above Notification- Notification no. 30/2012, dated 09.08.2012.

Source: Income Tax Department- India.