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Article 29 - TERMINATION - Malaysia (Old - Effective upto 31-3-2013)Extract Article 29 : TERMINATION - This Agreement shall remain in force indefinitely but either Contracting States may, on or before the thirtieth day 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 Malaysia : (i) in respect of Malaysian tax, other than petroleum income-tax, to tax chargeable for any year of assessment beginning on or after the first day of January in the calendar year following the year in which the notice is given; (ii) in respect of petroleum income-tax, to tax chargeable for any year of assessment beginning on or after the first day of January of the second calendar year following the year in which the notice is given; and (b) in India : in respect of income arising in any fiscal year on or after the 1st day of April next following the date on which the notice is given. In Witness whereof the undersigned, duly authorised thereto, by their respective Governments, have signed this Agreement. Done in duplicate at Putrajaya this 14th day of May, 2001, each in the Malay, Hindi and English language, all texts being equally authentic. In the event of there being a dispute in the interpretation and the application of this Agreement, the English text shall prevail. PROTOCOL At the time of signing the Agreement between the Government of Malaysia and the Government of the Republic of India for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income, the undersigned have agreed that the following provisions shall form an integral part of the Agreement : It is understood that : 1. For the purposes of the Agreement, the term fiscal year wherever it appears means : (i) in the case of Malaysia, the meaning as assigned by section 20 of the Income-tax Act, 1967; (ii) in the case of India, the previous year as defined under section 3 of the Income-tax Act, 1961. 2. With reference to paragraph 1(j) of article 3, the tax shall not include any amount which is payable by way of a penalty or fine for any default or omission in relation to taxes to which this Agreement applies or which represents any other penalty or fine imposed relating to those taxes. 3. With reference to paragraph 7 of article 5, the term arms length conditions means the conditions which would have been made or imposed between two enterprises in their commercial or financial relations which would not have differed from those which would have been made or imposed between independent enterprises. 4. With reference to paragraph 1 of article 6, this paragraph should not be construed as preventing the country of residence to also tax the income under this article. 5. With reference to sub-paragraphs 3(a)(i) and (ii) of article 28 and sub-paragraphs a(i) and (ii) of article 29, the term year of assessment has the meaning assigned to under section 2 of the Income-tax Act, 1967. Done in duplicate at Putrajaya this 14th day of May, 2001, each in the Malay, Hindi and English language, all texts being equally authentic. In the event of there being a dispute in the interpretation and the application of this Agreement, the English text shall prevail.
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