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Article 31 - Termination - TurkmenistanExtract Article 31 : Termination - This Convention shall remain in force indefinitely until terminated by a Contracting State. Either Contracting State may terminate the Convention, through diplomatic channels, by giving notice of termination at least six months before the end of any calendar year beginning after the expiration of five years from the date of entry into force of the Convention. In such event, the Convention shall cease to have effect: (a) in India, in respect of income arising in any previous year beginning on or after the 1st April next following the calendar year in which the notice is given in respect of capital which is held at the expiry of any previous year beginning on or after the 1st April next following the calendar year in which the notice of termination is given; (b) in Turkmenistan, in respect of income arising in any year of income beginning on or after the 1st January next following the calendar year in which the notice is given and in respect of capital which is held at the expiry of any year of income next following the calendar year in which the notice of termination is given. In witness whereof, the undersigned, being duly authorised thereto, have signed this Convention. Done in duplicate at New Delhi this 25th day of February, 1997 in the Turkmen, Hindi and English Languages, all three texts being equally authentic. In case of divergence between the texts, the English text shall be the operative one. Protocol At the signing of the Convention between the Government of the Republic of India and the Government of Turkmenistan for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to taxes on income and on capital, the undersigned have agreed the following shall form an integral part of the Convention. With reference of Article 7: In respect of paragraphs 1 and 2 of Article 7, where an enterprise of one of the Contracting States sells goods or merchandise or carries on business in the other Contracting State through a permanent establishment situated therein, the profits of that permanent establishment shall not be determined on the basis of the total amount received by the enterprise, but shall be determined only on the basis of the remuneration which is attributed to the actual activity of the permanent establishment for such sales or business. For instance, in the case of contracts for the survey, supply, installation or construction of industrial, commercial or scientific equipment or premises, or of public works, when the enterprise has a permanent establishment, the profits of such permanent establishment shall not be determined on the basis of the total amount of the contract, but shall be determined only on the basis of that part of the contract which is effectively carried out by the permanent establishment in the Contracting State where the permanent establishment is situated. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto, have signed this Protocol. Done in duplicate at New Delhi this 25th day of February, 1997 in Turkmen, Hindi and English languages, all texts being equally authentic. In case of divergence between the texts, the English text shall prevail.
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