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Article 29 - Termination - Indonesia (Old - Effective upto 31-3-2016)Extract Article 29 : Termination This Agreement shall remain in force indefinitely but either of the Contracting States may, on or before the thirtieth of June in any calendar year beginning after the expiration of a period of five years from the date of its entry into force, give the other Contracting State through diplomatic channels, written notice of termination and, in such event, this Agreement shall cease to have effect: (a) in India, in respect of income arising in any previous year beginning on or after the 1st day of April next following the calendar year in which the notice is given; (b) in Indonesia, in respect of income arising in any year of income beginning on or after the 1st day of January next following the calendar year in which the notice of termination is given. IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have signed the present Agreement. Done in duplicate at Jakarta this seventh day of August one thousand nine hundred and eighty seven in Hindi, Bahasa Indonesia and English languages, all texts being equally authentic. In the case of divergence of interpretation, the English text shall prevail. (Sd.) Vinod C. Khanna Ambassador of India For the Government of the Republic of India (Sd.) Rusli Noor Director General of Foreign Economic Relations For the Government of the Republic of Indonesia PROTOCOL The Government of the Republic of India and the Government of the Republic of Indonesia, having entered into an Agreement for the avoidance of double taxation and prevention of fiscal evasion with respect to taxes on income, have agreed, at the time of signing the said Agreement, on the following provisions which shall constitute an integral part thereof: 1. For purposes of article 7 where a company which is a resident of a Contracting State has a permanent establishment in the other Contracting State, the profits attributable to the permanent establishment may be subjected to an additional tax in that other State in accordance with its law, but the additional tax so charged shall not exceed 10% of the amount of such profits after deducting therefrom income-tax and other taxes on income imposed thereon in that other Contracting State. 2. The provisions of paragraph 1 shall not affect the provisions contained in any production sharing contracts and contracts of work (or any other similar contracts) relating to oil and gas sector or other mining sector negotiated and concluded by the Government of Indonesia, its instrumentality, its relevant State oil and gas company or any other entity thereof before the first day of January, 1984, with a person who is resident of India. 3. The provisions of paragraph 2 of article 11 shall also apply to interest arising to a branch of a resident of a ContractingState in any Third country. 4. Notwithstanding the provisions of article 24, the provisions of this Agreement shall not be construed, to restrict in any manner any exclusion, exemption, deduction, credit or other allowance now or hereafter accorded: (a) by the laws of one of the Contracting States in the determination of the tax imposed by that ContractingState, or (b) by any other special arrangement on taxation in connection with the economic or technical cooperation between the two Contracting States. IN WITNESS WHEREOF the undersigned, duly authorised thereto, have signed this protocol. Done in duplicate at Jakarta this seventh day of August one thousand nine hundred and eighty seven in Hindi, Bahasa Indonesia and English languages, all texts being equally authentic. In the case of divergence of interpretation the English text shall prevail. (Sd.) Vinod C. Khanna Ambassador of India For the Government of the Republic of India (Sd.) Rusli Noor Director General of Foreign Economic Relations For the Government of the Republic of Indonesia [No. 7747/F. No. 11/30/69-FTD]
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